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Climate Change, Human Rights And The Law - Gillian Moon On A State Of Denial

Nathan Robertson-Ball Episode 114

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Gillian Moon is today’s guest. Gillian is a legal scholar who in recent years has been leading the Australian Climate Accountability Project within the Australian Human Rights Institute. Over the course of her career she’s worked in and specialised at the intersection of human rights law, climate change, international economic law and development policy. I first came across Gillian a few years ago when the Australian Climate Accountability Project was first established and started releasing some of its work which was looking at the specific risks and human harms climate change has, is and will continue to create, supplemented by an extensive analysis of Australia’s emissions profile when fossil fuel exports are accounted for. That work stood out as it started to indicate how rights are adversely affected by a changing climate, and over the past few years Gillian and her colleagues have continued to evolve and mature their analysis, commentary and documentation, including the seminal work last year; State of denial: Australia’s legal obligations for human rights harms within Australia from its fossil fuel exports.

I worked in the corporate human rights space for a good chunk of my career and have always been surprised that the adverse harms to individual and collective rights that climate change is delivering aren’t better understood nor spoken about. As I’ve tried to do on this show in better understanding the legalities of accountability around climate change, I’m somewhere between convinced and hopeful that human rights and the law can be valuable levers for meaningful action and restorative justice. The International Court of Justice’s advisory opinion regarding the obligations of states in respect of climate change was a key moment in the recent history of the climate equity and justice struggle, but as we hear about from Gillian in this episode, much, much more is still required.

We chat about Australia’s insincere and hypocritical fossil fuel and emissions story, the country’s haphazard and unhelpful human rights regulatory and legislative frameworks and structures, and the role of international obligations in all of this. We also get into how legal scholars, health practitioners and climate scientists are beginning to converge around a methodological understanding of how to match climate attribution science to health impacts and the legal consequences of new and expanding fossil fuel projects. As knowledge in these areas accelerate, the potential for rapid change is entirely plausible. This work, that Gillian played a key role in, found that Woodside’s Scarborough gas project off the coast of Western Australia would lead to 484 addition heath related deaths in Europe alone this century, and kill about 16 million additional corals on the Great Barrier Reef in the same time. This is fascinating, important and potentially material developments in surfacing real human rights harms that could and should be incorporated into approval decisions.

Gillian is a wealth of knowledge and expertise, and in the battle to beat fossil fuels and intransigent politicians, what she and her colleagues are developing is likely going to become a major force in this next phase of action.

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Ep.114

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