Racial Capitalism and Climate Change: Colonialism and Climate Law and Policy in the Commonwealth

Lisa Benjamin

Document Type

Article

Publication Title

Wisconsin International Law Journal

Version

pre-publication

Journal Abbreviation

Wis. Int'l L.J.

Abstract

This 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. These Commonwealth countries enjoy a shared common law tradition, but in the context of climate change, levels of climate vulnerabilities, resilience, and historic and current responsibilities for emissions vary tremendously. Levels of climate vulnerability, and climate responsibility, often reflect the colonial histories of these countries. These colonial histories are reflective of racial capitalist trajectories which impact current day emissions, consumptive habits, and climate vulnerabilities. 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, policy and financial constraints in tackling the climate crisis persist in Global South countries. Policy constraints and blockages are not uniform, and at times cross over the North-South divide, as do emerging legal relationships. Vulnerable populations and sacrifice zones exist within the Global North. 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. This article argues that litigants across the Commonwealth can share strategies and best practices in order to move climate policy forward in their jurisdictions, and reduce climate vulnerabilities.

First Page

577

Last Page

612

Publication Date

2024

Comments

The version of the article linked here contains no page numbers. The final published version's page numbers are pp. 577-612.

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