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Switzerland faces landmark climate-human rights ruling

swissinfo.ch

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Re: Switzerland faces landmark climate-human rights ruling

#41
post #20

Earlier quoted context omitted.

I'm curious if countries like China, India, and Russia, have similar lawsuits and similar initiatives to reduce their emissions. I can't recall ever seeing a single story.

Russia is one thing but China might be on the way to pull one giant success here, despite being one of the worse offenders up until recently. They actually built giant infrastructure projects like high speed rail and become the leading country in automobile electrification(at least we can say that it BYD is the top dog when it comes to electric cars, not Tesla or some established company like VW). I have never been t…

China is building six times more new coal plants than other countries, report finds [1]

China continues coal spree despite climate goals [2]

Two "progressive" outlets report on how China is approving new coal power projects at the equivalent of two plants every week. No matter how much you may want to root for China's right to grow its economy this does not seem like a "giant success" when seen through a "climate" lens.

[1] https://www.npr.org/2023/03/02/1160441919/china-is-building-...

[2] https://www.theguardian.com/world/2023/aug/29/china-coal-pla...

Re: Switzerland faces landmark climate-human rights ruling

#42

This is legitimately insane. You have a court, which was created in an attempt to give legal options to victims of crimes committed by nation state and which could not be heard elsewhere. And people are suing over whatever a tiny European state doesn't do to stop environmental harm. Which may or may not even effect the people who are suing at all . And these people are from the country on earth where the population h…

You seem to be confused about how the Swiss legal system works, so let me clarify it for you:

The government is bound by laws, constitutional principles, and institutional mechanisms that prevent the majority from infringing on the rights of minorities or violating international obligations. Of course the population can't force the goverment "to do whatever they want" and this is not how any of it works.

>Which may or may not even effect the people who are suing at all.

It's evident that the lawsuit does affect them since they reside in Switzerland and are therefore only able to hold Switzerland accountable. If they were to reside in Germany, France, or any other country, they would have the freedom to pursue legal action against those respective nations. This aspect was also the reason for the dismissal of the Portuguese case; the plaintiffs were suing countries other than Portugal.

>You have a court, which was created in an attempt to give legal options to victims of crimes committed by nation state and which could not be heard elsewhere.

It is common practice for decisions concerning human rights abuses by the Swiss Supreme Court to be appealed to the European Court of Human Rights, which serves as the ultimate authority in such matters.

>It really must be dismaying to see how little anyone actually cares about the environment on a global challenge, for someone who cares about the environment. Instead we have people arguing literal nonsense in a court.

They did what they could and took responsibility for what they could. Which is a lot more than other people do.

>If Switzerland is commiting a human rights violation by doing this, what monumental human rights violation is committed by India. A country which uses the oceans to distribute it's waste globally? How about China, burning endless coal?

To benchmark against India or China regarding pollution sets the standard at its lowest. If we continue this pattern, finger-pointing will never stop. It's important that we raise our standards and lead by example.

Re: Switzerland faces landmark climate-human rights ruling

#43
post #11

Earlier quoted context omitted.

Another way to look at it is that if everyone was like Switzerland the CO2 (equiv.) emissions per capita would still rise and continue to cause climate change and injury. Also, Switzerland has increased their consumption-based emissions by over 38% since 1990 while in the same time frame countries like France has reduced by 15%, Germany reduced by 30%, UK reduced by 23%, EU27 reduced by 20%.

Following your analogy, could some inhabitant of Switzerland then be sued for adding an airco to his house or using a coal heater to warm it? Sure, just looking at this one person, it doesn't have much effect on Switzerland's emissions as a whole. But think what would happen if everyone was like him .. I find this court ruling strange. Sure you could argue that Switzerland should have done more. But does its lack of…

> But does its lack of action make Switzerland liable for the discomfort that these women are experiencing because of global climate change?

Yes, you can read the judge's ruling to see the reasoning of a legal expert.

Re: Switzerland faces landmark climate-human rights ruling

#44
post #12

Earlier quoted context omitted.

I'm curious if countries like China, India, and Russia, have similar lawsuits and similar initiatives to reduce their emissions. I can't recall ever seeing a single story.

Russia is in full scale climate denial. China is building a lot of solar, wind, and nuclear but still also building coal. Don’t know about India but it seems the answer is mostly no. I’ve always argued that if we can’t make non carbon emitting sources cheaper than coal and gas (full load leveled cost) and dispatchable (batteries) we have no hope of cutting emissions and everything else is theater. Right now it seems…

> Russia is in full scale climate denial

There is a big tragedy in the west - we have no understanding of other countries. Despite having millions of immigrants from those other countries.

Could we maybe interview some of them to find out what’s going on?

For example - we’ve been in Afghanistan for 20 years. Britain has thousands of refugees from Afghanistan.

When the time came to evacuate people from Afghanistan, the British team that was in charge of planning, selecting and prioritising evacuees had zero people from Afghanistan, zero people who’ve been to Afghanistan and zero knowledge of how things work there!

Report spells it out: https://publications.parliament.uk/pa/cm5803/cmselect/cmdfen...

In case of Russia on climate change, it’s a laggard-follower of European technology and practices. Vodka is produced and bottled with Italian machinery, artillery for war in ukraine is still produced on German CNC machines, Russian tanks had French thermal scopes, and cool dudes drive a BMW.

When all European countries go renewable, after a few years lag, Russia will do the same. The cool dude will buy an electric BMW when all BMWs are electric, etc.

Given that Russia has massive resources and farmland locked away in permafrost, they have been dealt a good hand if climate change is not addressed. So they have no urgency to act, but they are not a malicious actor on this specific issue.

Re: Switzerland faces landmark climate-human rights ruling

#45
post #11

Earlier quoted context omitted.

Another way to look at it is that if everyone was like Switzerland the CO2 (equiv.) emissions per capita would still rise and continue to cause climate change and injury. Also, Switzerland has increased their consumption-based emissions by over 38% since 1990 while in the same time frame countries like France has reduced by 15%, Germany reduced by 30%, UK reduced by 23%, EU27 reduced by 20%.

Following your analogy, could some inhabitant of Switzerland then be sued for adding an airco to his house or using a coal heater to warm it? Sure, just looking at this one person, it doesn't have much effect on Switzerland's emissions as a whole. But think what would happen if everyone was like him .. I find this court ruling strange. Sure you could argue that Switzerland should have done more. But does its lack of…

> the discomfort that these women are experiencing

Is "discomfort" really how you frame the scientific consensus that climate change cause harm, and disproportionately so to elderly people or just a factor of transdiction?

Re: Switzerland faces landmark climate-human rights ruling

#46
That's like telling someone it was wrong of them to not do CPR after they've found a rotting corpse without a head. Switzerland has so little impact on the global climate, it's laughable and nothing Switzerland could do would change anything whatsoever.

Is there even a technology available that could show the impact on climate change were Switzerland's CO2 magically zero tomorrow?

Re: Switzerland faces landmark climate-human rights ruling

#47

This is legitimately insane. You have a court, which was created in an attempt to give legal options to victims of crimes committed by nation state and which could not be heard elsewhere. And people are suing over whatever a tiny European state doesn't do to stop environmental harm. Which may or may not even effect the people who are suing at all . And these people are from the country on earth where the population h…

> So the human rights violation is essentially being committed by the population themselves.

Yes, but people have the right to sue the population itself. Usually the legal system comes with ranks, and if a higher rank rule contradicts a lower rank rule, the higher rank rule prevails. Usually the constitution is at the top, then come international treatises, laws, then contracts. So if a law has been voted by the people and it contradicts the constitution or a treaty that has been signed, people can complain.

Imagine, say in the US, a state decides to pass a law reinstating slavery, and for some reason, there is a majority of supporters (because the would be slaves are a minority), and the law passes. Anyone can can then complain and have the law repealed even if it was accepted by the majority, because it contradicts the constitution. The constitution can be changed too, but the requirements are much more stringent than a simple majority.

Re: Switzerland faces landmark climate-human rights ruling

#48

This is legitimately insane. You have a court, which was created in an attempt to give legal options to victims of crimes committed by nation state and which could not be heard elsewhere. And people are suing over whatever a tiny European state doesn't do to stop environmental harm. Which may or may not even effect the people who are suing at all . And these people are from the country on earth where the population h…

> Switzerland isn't some rogue state, the population has legal means to force the government to do essentially whatever they want. So the human rights violation is essentially being committed by the population themselves.

Well, no. Switzerland is not an anarchic commune, it's a representational democracy, just one that makes heavy use of referendums. But just like elections, referendums don't establish consent, they establish majority support. "The population" isn't a cohesive entity, even less so than "the government". If the government is failing to take action and there is no sufficient majority to "force it", that's not "the population" doing it, that's just the majority of the population not intervening (and that doesn't even get into the difference between "the population" and "all eligible voters").

By definition, the ECHR court is the right place to take this if the government refuses to take action and there is no democratic majority for this. If you think the ECHR only exists for "rogue states" that flay their own population in public or turn ethnic minorities into lampshades, that should be a learning opportunity for you to read up on human rights and the ECHR specifically.

> If Switzerland is commiting a human rights violation by doing this, what monumental human rights violation is committed by India. A country which uses the oceans to distribute it's waste globally? How about China, burning endless coal?

This is literally a textbook example of whataboutism but the answer is yes, they're all bad and there are certainly worse offenders than Switzerland.

But unlike Switzerland, neither China nor India are signatories to the ECHR so they're irrelevant to this case.

Re: Switzerland faces landmark climate-human rights ruling

#49
post #34

Earlier quoted context omitted.

You are thinking around it the wrong way round If you lead on climate change, you export solutions to other countries - for example how china is exporting Solar panels. We could have been exporting power grid planning expertise, wind turbine tech, etc. unfortunately now that ship has sailed as China has invested billions and were chose to dither and delay. That’s the price of fucking about

China leads in solar panel production, not neccessarily in "climate change". Production of their panels emits vastly larger amounts of CO2 (because so many things are coal-powered in China) than panels produced in say Europe.

They are doing exactly the right thing. A solar panel is still carbon negative no matter how it’s produced.

A typical solar panel will save over 900kg of CO2 per year that results in a carbon payback period of ~ 1.6 years and expected life of 25 years

It is more important to produce huge quantity of panels for the future and than it is to ensure impossible standard of perfection today.

Re: Switzerland faces landmark climate-human rights ruling

#50
post #19

Earlier quoted context omitted.

No need for conquering, I am appaled that in the recent Portuguese elections, my fellow citzens decided that the best way to use their voting rights, was to do a protest vote on the extreme right parties, briging them to the highest number on parliament since the dictorship ended. Two months away of celebrating the return of freedom to the country, the end of colonial war, and the secret state police doing whatever t…

Offtopic: How serious of a worry is it? I'm considering moving to Portugal next year to be further away from Russian border, from outside it looks like fairly quiet and stable-ish place.

Not sure on how it will evolve, right now the parliament is mostly composed by right parties, and the moderated right party alliances (which won), can hardly do anything without the votes from extreme right parties or the other major party theh socialists (moderated left).

So it depends pretty much how they will do their goverment deals with other parties, as means to get their proposals approved.

From 230 seats, 58 belong to the extreme right, up from 20 in 2022.

There is unfortunely a trend there, and even if we are quite cool on these left/right matters at the population level, it suffices that the new laws aren't that cool any longer.

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