气候变化诉讼：对不断变化的全球格局的洞察

Maryam Golnaraghi,The Geneva AssociationJoana Setzer,London School of EconomicsNigel Brook, Wynne Lawrence, Lucia Williams,Clyde & CoClimate Change LitigationInsights into the evolving global landscape 2www.genevaassociation.orgThe Geneva AssociationThe Geneva Association was created in 1973 and is the only global association of insurance companies; ourmembers are insurance and reinsurance Chief Executive Officers (CEOs). Based on rigorous research conductedin collaboration with our members, academic institutions and multilateral organisations, our mission is toidentify and investigate key trends that are likely to shape or impact the insurance industry in the future,highlighting what is at stake for the industry; develop recommendations for the industry and for policymakers;provide a platform to our members, policymakers, academics, multilateral and non-governmental organisationsto discuss these trends and recommendations; reach out to global opinion leaders and influential organisationsto highlight the positive contributions of insurance to better understanding risks and to building resilient andprosperous economies and societies, and thus a more sustainable world.AcknowledgementsThe authors would like to extend their gratitude to the Geneva Association Expert Advisory Team on ClimateLitigation, which was established under the Climate Change and Emerging Environmental Topics Working Group(CCEET WG) to provide guidance and feedback: Michael Bruch, Arthur Lu, Johanna Scheller (Allianz), AdrianWhitaker (Aviva), Ina Ebert and Julia Schubring-Giese (Munich Re), Jane Mandigo and Martin Weymann (Swiss Re),Randy Murray (Tokio Marine), Philippe Dufort Langlois (Intact Financial), Pierpaolo Marano (Catholic Universityof the Sacred Heart) and Darren Pain (The Geneva Association). We are grateful to the members of the GenevaAssociation’s CCEET WG for their continued support, guidance and review of this report and extend our specialthanks to: Simone Ruiz-Vergote (Allianz), Anthony Zobl, David Buckle, Jennifer Waldner and Edward Barren(AIG), Kei Kato and Masaaki Ngamura (Tokio Marine), Guillaume Ominetti (SCOR), and Mandy Dennison andLaura Willett (Intact Financial) for their detailed review and feedback. Finally, we thank members of The GenevaAssociation editorial committee for their helpful comments.Geneva Association publications:Pamela Corn, Director CommunicationsHannah Dean, Editor and Content ManagerPetr Neugebauer, Digital Media ManagerSuggested citation:The Geneva Association. 2021.Climate Change Litigation –Insights into the evolving global landscape.Authors: MaryamGolnaraghi, Joana Setzer, Nigel Brooke, Wynne Lawrence andLucia Williams. April.© The Geneva Association, 2021 All rights reservedwww.genevaassociation.orgPhoto credits:Cover page— Billion Photos and olon / Shutterstock.com Contents1.Executive summary2.Context3.Methodology and terminology4.The three waves of climate litigation5.Characterising climate litigation cases5.1Motivation5.2Litigants (defendants and claimants)5.3Extent to which the case is about climate change6.Drivers of climate litigation6.1Physical and transition risks6.2Increasing awareness6.3Climate commitments6.4Availability of funding6.5Evolving standards of care6.6Developments in climate change attribution science6.7Implications of COVID-197.Climate litigation as a global phenomenon7.1Emergence of global databases and platforms7.2Plaintiffs’ use of cases7.3Growing networks in the legal community8.The use of arbitration in climate-related disputes9.ConclusionsReferencesAnnexDetails of climate litigation cases referenced in this report 181822242525252526272829292930323337 3Climate Change Litigation – Insights into the evolving global landscape1931 Turbulence and crises can escalate litigation, as evidenced by the many claimsspawned by the 2008 financial crisis and the deluge of disputes brought about bythe COVID-19 pandemic. Climate change is a global issue with widespread effects,and related litigation cases are rising around the world. Those who suffer or expectto suffer loss as a result of climate change are already pursuing judicial remediesand looking to recover damages or fund abatement efforts.1Others are usinglitigation as a tool to leverage more ambitious climate policy and actions or tooppose them.Climate-related litigation cases are rising around theworld, with some using litigation as a tool to leveragemore ambitious climate policy and actions or tooppose them.According to the International Panel on Climate Change (IPCC),2the mostsignificant physical effects of climate change will not materialise for some time,although they could arise sooner and be more catastrophic if we reach one ofthe planetary ‘tipping points’. Although physical risks are already creating loss,it appears that it will be the transition to a net-zero economy that will have thelargest impact over the next decade. Failure to implement a well-planned transitioncould create stranded assets.The current