Special Report – “Climate change raises complex legal issues”

Eva Jiang – Yes, flooding in the Inner Harbour is becoming more frequent, mainly due to climate change, and this does indeed pose significant legal risks. As part of the Macau Special Administrative Region, the Inner Harbour faces climate change challenges similar to those in the rest of the world. Globally, extreme weather events due to climate change, such as flooding, hurricanes and rising sea levels, have led to increased property damage and destruction of infrastructure, which has subsequently resulted in numerous legal disputes. These disputes cover several aspects:

First, liability disputes are likely to increase. Victims may even sue government agencies, arguing that they have failed to provide adequate flood prevention measures and infrastructure. Governments play a crucial role in responding to climate change and extreme weather events. Their responsibilities include not only implementing effective flood prevention infrastructure, but also formulating and enforcing strict environmental regulations and policies. If the government fails to perform these duties effectively, it may face legal action.

Second, from a commercial perspective, insurance claims and compensation issues will become more complex as floods become more frequent. Insurance companies can pay significant compensation for flood damage, but may also question whether insured parties have sufficient disaster prevention measures in place, which can lead to legal disputes. This also serves as a reminder for governments to take precautionary measures and strengthen dialogue with the insurance industry (“rainy day preparedness”), to ensure that insurance policies and claims processes can address growing climate risks.

Furthermore, the long-term effects of climate change pose challenges for land use and urban planning policies. For example, governments may need to reassess and revise building-related regulations and land use policies, including considerations for urban renewal plans, to adapt to changing environmental conditions.

In conclusion, climate change poses not only immediate environmental and economic challenges, but also complex legal issues, requiring global legal frameworks and policy adjustments to address these risks. Governments, businesses and individuals all have an important responsibility in addressing climate change and preventing the resulting legal disputes.

It seems clear that, despite some signs, we are not yet experiencing the consequences of climate change that will occur in the coming decades. What can a lawyer with this specialization do?

EJ – As a lawyer in Macau and a lecturer in law at the University of Macau Law School, I see many opportunities to help our community prepare for and adapt to future challenges. Macau, as a global tourism hub, faces climate change challenges similar to those in other parts of the world, while participating in building a community with a shared future for humanity. Although we have not yet fully experienced the serious impacts of climate change, these impacts will become more apparent in the coming decades. Here are some directions of action that I have considered:

Laws and Policies: First, I believe that lawyers in Macao should actively participate in drafting and advocating for stricter environmental regulations and policies to mitigate and adapt to the impacts of climate change.

Legal proceedings and advocacy: In the area of ​​legal proceedings, lawyers in Macau, particularly practising lawyers, can represent individuals, communities or NGOs in legal proceedings against entities responsible for climate change.

Business Advice and Compliance: It is important and useful to provide businesses with legal advice and compliance advice.

Education and awareness: Education and awareness are also important roles for climate change lawyers.

Cross-border cooperation and exchange: Finally, climate change knows no borders, it is a global problem that requires cross-border cooperation and exchange. As lawyers in Macao, we should actively participate in international or regional legal forums on climate change, exchange experiences and best practices with legal experts from other countries and regions.

A philosophical question: humans are generally primarily (solely?) responsible for climate change and therefore its consequences. Who will be held responsible when we talk about judicial accountability?

EJ – Judicial responsibility in environmental protection is not just the duty of a single entity, but rather a complex collective responsibility (the principle of “common but differentiated responsibilities” should also apply). As a lawyer in Macao specializing in environmental and administrative law, I believe that addressing judicial responsibility in relation to climate change requires a comprehensive and integrated approach:

Governance and Legislative Bodies: Governments play a fundamental role in mitigating and adapting to climate change, and this is undeniable. It is crucial that government adopts a proactive and flexible approach to implementation rather than simply reacting to problems.

In Macau, businesses must also comply with local environmental laws and regulations, while referring to international best practices to develop and implement effective environmental management systems. The Macau SAR government has implemented a series of environmental protection policies, and businesses must actively cooperate to ensure that their activities do not have a negative impact on the environment; otherwise, they risk becoming defendants in legal lawsuits.

In summary, legal responsibility for climate change cannot be the sole responsibility of one type of entity; it is divided among governments, corporations and individuals. Each entity plays a role in mitigating and adapting to climate change, and constitutes a collective responsibility, and legal responsibilities are no exception.

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