Ahead of Hearing, South Koreans Hope Climate Case Inspires Others
"If we have a favorable precedent in South Korea, I think that will really be a trigger in spreading this trend," said one attorney in the landmark youth-led lawsuit.
Climate justice advocates on Monday expressed hope that a landmark youth-led South Korean lawsuit—which alleges the country's government is failing to protect citizens from the effects of the human-caused planetary emergency—will have a ripple effect that inspires activists throughout Asia and beyond to take similar action.
South Korea's Constitutional Court is set to hold a second and final hearing Tuesday in the case, which was filed in 2019 by 19 members of Youth4ClimateAction who accuse the South Korean government of violating their rights to life, the "pursuit of happiness," a "healthy and pleasant environment," and to "resist against human extinction."
"All countries need to take action in order to tackle this global crisis, and there are no exceptions."
The case was merged with three similar suits filed since 2020, including one brought by parents on behalf of dozens of children under the age of 5. One infant, nicknamed "Woodpecker," was not yet born at the time the complaint was lodged. The lawsuit comes amid a growing wave of similar cases around the world.
"If we have a favorable precedent in South Korea, I think that will really be a trigger in spreading this trend," Sejong Youn, an attorney in the South Korean case, toldNature Monday. "It will send a message: All countries need to take action in order to tackle this global crisis, and there are no exceptions."
Referring to the Paris climate agreement, Amnesty International Korea climate campaigner Jiyoun Yoo said Monday that "strategic litigation is a powerful tool which is being increasingly used to enforce states' binding duty to protect people's rights from the adverse impacts of the climate crisis and ensure there is no backsliding on the international commitments they made in 2015 to prevent average global temperatures from rising above 1.5°C this century."
"The climate crisis is already upon us but the effects will be felt even more intensely by future generations," Yoo added. "Cases like this are vital to safeguarding citizens' rights. Taking legal action against a state is often a long and arduous process which requires patience and perseverance and the courage of these pioneering plaintiffs is to be admired and applauded."
According to the United Nations Environment Program's (UNEP) most recent Emissions Gap Report, humanity must reduce greenhouse gas emissions by 28% before 2030 to limit warming to 2°C above preindustrial levels and 42% to halt warming at 1.5°C. UNEP said that based on current policies and practices, the world is on track for 2.9°C of warming by the end of the century.
South Korea is the fifth-largest greenhouse gas emitter among Organization for Economic Cooperation and Development nations.
Mingzhe Zhu—who studies the links between politics, science, and nature at the University of Glasgow in Scotland—told Nature that even if the South Korean case fails, it will inspire other potential litigants around the world.
"Even if you lose this time, you can lose beautifully in the sense that you provoked social awareness," Zhu said. "The very fact that this case went to the Constitutional Court—that is already a certain sense of success. I believe in people's creativity. Even if you fail this time, you can learn from this experience and just try another pass."
