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Law in a Changing World: The Climate Crisis

Faculty of Law climate crisis conference a resounding success

U of T Law Faculty members present at the Law in a Changing World: The Climate Crisis conference. Credit: Alice Xue Photography

Every member of society and every area of law has a role in solving the climate crisis. This was the overarching theme of Law in a Changing World: The Climate Crisis, a conference held at the Faculty of Law from March 2–3, 2023. In keeping with this theme, the conference promised presentations on the intersections of law and the climate crisis. These presentations were given by faculty members who are leaders in diverse fields, ranging from philosophy to health law. 

The conference began with Kim Stanley Robinson, the author of The Ministry for the Future (2020), a science fiction book that discusses climate change. Robinson reflected on how important it is to have intersectional discussions about the climate crisis and hoped that the conference would “fire up the imaginations” of attendees. Robinson made a few remarks on areas ripe for further discussion, including the economic order, the rights of nature, and the 2022 United Nations Climate Change Conference (COP27), leading to an engaging  question-and-answer period where topics from circular economies to consensus-based decision-making were discussed.

The conference was then in full swing with panels discussing topics including law and technology, law and institutions, and who governs in times of climate change. 

One theme running through many of the panellists’ presentations was a demonstration of their frank understanding of the climate crisis, coupled with suggestions of how their fields provide potential solutions. For example, Dean Jutta Brunnée discussed how, in one sense, international law has failed because we now have the highest concentration of carbon dioxide in the atmosphere ever recorded; however, she suggested that there is hope in the 2015 Paris Agreement’s non-binding commitment structure that avoids the traps of consensus-based law making. 

Cheryl Milne, Executive Director of the Asper Centre for Constitutional Rights, stressed potential ethical issues in the involvement of youth litigants in much of the climate-related litigation brought around the world. However, Milne concluded by saying that there are ways to work with youth litigants to advance climate change cases ethically and that some organizations have already begun to implement some of these changes. The law and technology panel discussed technical solutions to the climate crisis, such as nuclear fusion and more incentives for innovation.

Another theme running through several presentations were calls to action. For example, Professor Abdi Aidid called for a thorough reconsideration of current legal ethics rules in light of the climate crisis. Additionally,  Professor Trudo Lemmens and Gabrielle Peters, a disability rights advocate, called for greater consideration of people with disabilities in climate change mitigation efforts.

The conference was not without spice, with some panellists expressing frustration with the slow progress of the law in Canada. Further, panellists expressed an understanding of why activists may choose to take a more hands-on approach to the climate crisis. This provided a nice contrast to the smattering of comments from attendees and panellists that framed the crisis as not requiring radical change. Varying perspectives were to be expected with well-educated presenters from so many different backgrounds.

Overall, the conference was well attended, ran smoothly, was excellently catered, offered top-quality swag, and provided a plethora of food for thought. We hope Dean Brunnée takes Professor Langille up on his suggestion to turn this conference into a course. We believe this would allow all law students to have their imaginations fired up, and realize that they can and should grapple with the climate crisis, regardless of their legal interests.

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