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Corporate responsibility and human rights: A way forward for climate litigation?
Chytil, David ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Subject of this diploma thesis is the accountability of largest private green-house gas emitters, mainly fossil fuel corporations (so called "carbon majors") and in particular their relationship with human rights law. Strategic climate litigation is on a rise and private emitters are increasingly targeted by the litigants. While human rights are widely used in climate change litigation against governments and state authorities, their role in existing and potential climate lawsuits targeted at private parties remains uncertain. The goal of the thesis is to enlighten this topic analysing potential grounds for corporate climate liability and recent case-law. Firstly, impact of corporations on climate system (their "share" of GHG emissions) is presented in contrast to their peripheral role in the international climate governance and law. Climate change as a human rights issue is briefly examined in the second part focusing on human rights abuses of fossil fuel corporations, including "case studies" of human rights impacts of corporations Shell, Total and Texaco/Chevron in countries of the Global South. Third part deals with various sources of potential climate change liability of corporations and role human rights law might play. Concepts of Corporate Social Responsibility and Business and Human Rights...
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Evolution of climate litigation in European context
Kavalírová, Julie ; Fabšíková, Tereza (advisor) ; Žákovská, Karolina (referee)
Evolution of climate litigation in European context, abstract This diploma thesis deals with the evolution of climate litigation in the European context. The aim of this paper is to describe and map the institute of climate litigation as a whole, to describe its types based on different standpoints and aspects and to describe the historical development of climate litigation in the world and in Europe. This paper further describes five leading cases of European climate litigation in detail. The cases of Urgenda Foundation v. The Netherlands, Neubauer v. Germany, Notre Affaire à Tous v. France, VZZ Klimaatzaak v. the Kingdom of Belgium, and the case of Milieudefensie v. Royal Dutch Shell PLC were thoughtfully chosen based on their connection and the impact they had on climate action in their respective countries. To finish, this thesis aims to find answers to several legal questions concerning climate litigation by comparing those described climate cases. The main methods used in this diploma thesis were the research of legal literature, case law of foreign courts and legal regulations. The conclusions of this paper were gained by analysis of information and subsequent use of different methods of interpretation. This diploma thesis is divided into an introduction and a conclusion and three main chapters, some...
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