Climate Change Inaction as Violation of Human Rights: The Swiss Women Climate Case and Impact on Stock Markets

Authors

  • Collins, C Ngwakwe University of Limpopo

Keywords:

Climate litigation; climate change inaction; human rights; stock markets; Court decision

Abstract

Climate litigation has commonly been viewed as complicated by the courts and judges. Objective: this objective of this paper is to examine if climate inaction by a state constitutes and infringement on human right. It also aimed to analyse the effects of court decision on climate change litigation on global stock exchange performance. Priorwork: the paper inclines on prior literature on climate litigations and on the efficient market hypothesis of information impact on stock prices. Method: the paper applied two approaches namely a qualitative conceptual approach with the analysis recent ECHR, and brief quantitative approach using World Stock Market Index data. Results: climate change inaction by a state may constitute a violation of human right to life, quality of life and wellbeing. Also, the court decision on climate change litigation affects world index of stock markets significantly and negatively – showing that climate change litigation causes a negative jittery on stock markets. Implication: the paper offer implication for university business law departments, finance, economics and accounting academics for curriculum and research. It also offers practical implication for businesses to balancing economic risks inherent in business climate accountability. Value: the paper contributes a novel framework on climate inaction as violation of human rights and offers a new model of analysis with a combination of climate ligation and World Index of Stock Exchanges.

References

Burgers, L. (2020). Should judges make climate change law? Transnational Environmental Law, Vol. 9(1), pp. 55-75.

Colby, H.; Ebbersmeyer, A. S.; Heim, L. M. & Røssaak, M. K. (2020). Judging climate change: the role of the judiciary in the fight against climate change. Oslo Law Review, Vol. 7(3), pp. 168-185.

de Lange, D. (2024). What climate litigation reveals about judicial competence. European Law Journal, Vol. 29, pp. 312–325.

Erion, G. (2009). The stock market to the rescue? Carbon disclosure and the future of securities related climate change litigation. Review of European Community & International Environmental Law, Vol. 18(2), pp. 164-171.

Fakhry, B. (2016). A literature review of the efficient market hypothesis. Turkish Economic Review, Vol. 3(3), pp. 431-442.

Fdez-Galiano, I. M.; Feria-Dominguez, J. M. & Gomez-Conde, J. (2022). Stock market reaction to environmental lawsuits: Empirical evidence from the case against Boliden-Apirsa. Environmental Impact Assessment Review, Vol. 96.

Fusion Media (2024) Investing.com-MSCI World Index. Retrieved from https://za.investing.com/indices/msci-world-historical-data.

Kolaric, S. (2023). The impact of climate litigation and activism on stock prices: the case of oil and gas majors. Review of Managerial Science, pp. 1-32.

Lee, C. C.; Lee, J. D. & Lee, C. C. (2010). Stock prices and the efficient market hypothesis: Evidence from a panel stationary test with structural breaks. Japan and the world economy, Vol. 22(1), pp. 49-58.

Penner, J. (2000). The Elements of a Normative System. The Idea of Property in Law, pp. 7–31.

Preston, B. J. (2011). Climate change litigation (part 1). Carbon & Climate Law Review, Vol. 5(1), pp. 3 -14.

Rangaswamy, D. (2015). Climate change: Reformative role of Judiciary. International Journal of Social and Economic Research, Vol. 5(3), pp. 142-150.

Reuters (2024). Reaction to Swiss women’s victory in landmark climate court case. Retrieved from https://www.reuters.com/world/reaction-swiss-womens-victory-landmark-climate-court-case-2024-0409/#:~:text=STRASBOURG%2C%20April%209%20(Reuters),out%20two%20similar%20cases%2C%20however.

Setzer, J. & Vanhala, L. C. (2019). Climate change litigation: A review of research on courts and litigants in climate governance. Wiley Interdisciplinary Reviews: Climate Change, Vol. 10(3).

Solana, J. (2020). Climate change litigation as financial risk. Green Finance. Vol. 2(4), pp. 344-372.

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Published

2024-08-30

How to Cite

Ngwakwe, C. C. . (2024). Climate Change Inaction as Violation of Human Rights: The Swiss Women Climate Case and Impact on Stock Markets. Acta Universitatis Danubius. Juridica, 20(2), 80–91. Retrieved from https://dj.univ-danubius.ro/index.php/AUDJ/article/view/2777

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Articles