Professor Lisa Benjamin’s new article discusses colonialism and climate law and policy

Associate Professor of Law Lisa Benjamin recently had her article titled Racial Capitalism and Climate Change: Colonialism and Climate Law and Policy in the Commonwealth published in the Wisconsin International Law Journal.

Professor Benjamin’s article provides a snapshot of current climate policy and litigation experiences in a select group of Commonwealth countries: the United Kingdom, Canada, India, Pakistan, Kiribati, and The Bahamas. It traces current domestic climate policies and litigation experiences back to the colonial histories of these countries.

The article traces the shared common law traditions in these countries but also highlights that despite these commonalities, in the context of climate change, levels of climate vulnerabilities, resilience, and historic and current responsibilities for emissions vary tremendously between them. The colonial histories of these countries are reflective of racial capitalist trajectories that impact current-day emissions, consumptive habits, and climate vulnerabilities - with Global South countries being more climate vulnerable, and Global N

The articles notes that despite their wealth, and other advantages, political and economic blockages to progressive climate action persist in some Global North countries. Many current carbon major emitting companies are also located in several Global North countries in the Commonwealth, and many of these companies also have colonial histories and climate responsibilities.

Additionally, the articles notes that policy and financial constraints in tackling the climate crisis persist in Global South countries. Policy constraints and blockages are not uniform, and they at times cross over the North-South divide, as do emerging legal relationships. As an example, vulnerable populations and sacrifice zones exist within the Global North. In addition, elites in the Global South also replicate racial capitalistic tendencies of oppression and exclusion towards more vulnerable subpopulations.

Despite these hurdles, significant opportunities have emerged in many jurisdictions, largely as a result of innovative climate litigation suits, particularly in the Global South.

The article argues that litigants across the Commonwealth can share strategies and best practices to move climate policy forward in their jurisdictions and reduce climate vulnerabilities.

Read the full article here.