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00:30Take a look at this.
00:32These are two future global temperature models calculated at the German Climate Computing Center.
00:38To me, this really seems all you need to know to make a simple choice.
00:43On the left is the moderately optimistic scenario with forceful and swift climate measures to keep the world's temperature somewhat
00:50under control.
00:51To the right, the business-as-usual scenario for a world that would still be powered by fossil fuels without
00:58climate action or a global plan for a sustainable planet that we could all still live and thrive on.
01:05Do we then really need more frightening images of cataclysmic floods, biblical droughts or raging wildfires?
01:17Yet politicians still don't seem to be able to address, let alone tackle the problem.
01:23And the big polluters, well, they can keep on polluting legally.
01:26Because so far, there's no law against provoking climate change or wrecking our planet for that matter.
01:34My name is Nick Balthazar. I'm a Belgian TV and filmmaker.
01:38And ever since I saw Al Gore's Inconvenient Truth, and helped procreate these two young Belgians, I've been a worried
01:45man.
01:46And a pretty frustrated climate activist, because whatever we did, however we protested, nothing seemed to be able to slam
01:54the brakes on our crazy race towards the ecological abyss.
02:01Then, with a small group of tired and slightly despondent activists, we met this fascinating Dutch lawyer, Roger Cox.
02:09And he had this wonderfully refreshing idea to tackle the climate crisis.
02:16Luckily, we have a wise woman we can turn to. It's Lady Justice.
02:20She has proven herself through time, and she can point us a way out of this dangerous deadlock situation by
02:27using the law.
02:29And that, as such, judicial intervention can become a very positive force for the protection of people and the planet.
02:37Good morning, let you sit.
03:06Good morning, let's go.
03:20нымbergian愛, a young person, a young man, a young man, a young man, a young man, a young man.
03:24That was something that I really loved to do, being out there.
03:30At the age of eight, I believe, I was very upset with the annual killings of baby seals in Canada,
03:40for commercial reasons for their fur.
03:45that upset me a lot when i saw that at a certain point i started to uh
03:52to collect autographs as a sign of support from the members of our town sent to the government
03:59asking them to do something and stop that unnecessary killing i guess some people seem
04:07destined to become activists or not the right nature loving kid roger cox or roger as the dutch
04:15say went on to study law to become a promising hotshot lawyer in a big dutch law firm and fall
04:21in love with another promising young lawyer daughter of a petroleum engineer at shell
04:27they got married and went on to have two lovely daughters together and moved back to a nice house
04:32in the lush green hills of their native shire we were both ambitious young lawyers when we met
04:43i was a petrol head at the time we were basically just uh living our lives living our lives and
04:49mining our own business exactly there was no hint i would say that at that period of time we would
04:56get involved in either of us no no no absolutely not the epiphany of uh sustainability was getting
05:03uh green electricity that was it then just like i did they made the same mistake of going to see
05:12that
05:12terrifying and most inconvenient film
05:18our ability to live is what is at stake
05:24that was when i sort of fell off my chair i didn't grasp that problem at all until 2006 i
05:32really before
05:32that time i thought it was a non-issue really a bit of sea level rise wouldn't matter that one
05:38or two
05:38degrees warmer wouldn't matter also being a parent of two young children you know you have to do something
05:46because 20 years down the road they will ask me the question well didn't you know and if you knew
05:51why didn't you do anything about it and their parts they sure did organizing nationwide screenings
05:58of this inconvenient truth that had shaken their lives organizing conferences on the circular economy
06:04roger even writes a book revolution justified or why just maybe only the law can save us now
06:12we started with things that were totally outside our comfort zone
06:15um we're both lawyers i mean it was like five full-time jobs per person we were working day
06:23and night it was idiotic really you have to find a way to do this work within the things you
06:30know
06:30as a lawyer and i think probably this was a little seed planted at one point the basic realization was
06:37that if all is true what i'm reading here in these ipcc reports well this is just one big
06:45endangerment situation that is being created and this is when we start talking about the duty of care
06:51which is an obligation for everybody nobody is allowed to create dangers for others if these dangers can be
07:06prevented across the ocean in the u.s there's another lawyer julia horse who's working on similar ideas
07:13and with the juliana case files a by now historic lawsuit brought by 21 youth plaintiffs against the
07:19united states for its failure to act on climate as temperatures increase sea levels rise storms become
07:27more intense and frequent and the coral reefs and fisheries upon which we depend disappear the ocean
07:32front land that my family has inhabited for generations that i'm supposed to inherit will be
07:37underwater if the u.s federal government continues to promote a fossil fuel-based energy system roger
07:42cox sent me his book revolution justified and reached out to me because he saw the work we were
07:50starting to do at our children's trust and our first case against the u.s government and he had been
07:58thinking along parallel lines of really using the law to protect people from the climate crisis
08:05and so this bold theory of a climate revolution through the law is put into practice because together
08:12with the urgena foundation and with the support of more than 900 citizens they actually sued the dutch
08:18government for its lack of a forceful climate policy that aligns with the paris agreement
08:25the petition is a revolution in itself can a court force the state to drastically reduce greenhouse gas
08:32emissions far beyond its own targets in the urgena case roger presented the science something that roger
08:41and i both have agreed upon for a long time is we need to be telling the truth to these
08:46judges and to
08:47the public about what the scientists are saying roger cox's legal theories were quite revolutionary when
08:54i first saw his book revolution justified i love the idea but i was very skeptical that it would get
09:00anywhere all other people thought it was nonsense not possible a pr stunt or whatever they have said in
09:07the press a lot of professors who said to newspapers this is impossible and blah blah blah well it might
09:13seem
09:14an aggressive deed to sue your own government but i think that giving short-term politics and giving
09:20uh how media operates etc the courtroom is really the only place in society where you cannot just say
09:28anything that you want anything that you say and needs to be backed up with evidence and then the district
09:34court in the hague city of peace and justice rights history the rechtbank beveelt de staat that the
09:41outstoot in nederland in het jaar 2020 zal zijn gereduceerd met ten minste 25 procent in opzichten
09:48van het jaren 1929 van het jaren 1929 van het is zo hard gewerkt deze zaken en het is
10:05duidelijk zo'n groot maatschappelijk belang waar het over gaat
10:10wij kunnen niks van doen dat ik even een professioneel d', Impact aquí
10:15constantiër
10:16when the decision came out i practically fell off my chair
10:20it was the first time any court in the world had said that there is a right to a
10:26safe climate system and then to go the next step and tell the government that it had to reduce
10:33greenhouse gas emissions it was a revolutionary decision
10:37And every time I see it, I get tears in my eyes, because it's such a special moment.
10:42And what it demonstrated is that judges say, yes, the government has knowingly endangered its people.
10:52It felt like the dam had broken somehow.
10:55After all of those cases and all of that time that was spent with a lot of lawyers around the
11:00world trying to work this out,
11:01a switch had flicked, if you will, and the system was going to change.
11:05Within half an hour, it was all over the world.
11:08It inspired lawyers and activists all around the world, and it has inspired some judges to take further action,
11:14bolder than anyone thought that they would really take.
11:21The part of Asia that my family is from and much of my family continues to live in, which is
11:26Bangladesh,
11:27is at the forefront of the impacts of climate change.
11:32That was the sort of backdrop to hearing about the agenda decision.
11:38And it just seemed like such a huge breakthrough.
11:41And I thought, you know, this is exactly the kind of thing that we need if we're going to really
11:45have meaningful accountability
11:48for the promises that governments have made year on year to take the climate crisis seriously but have completely failed
11:54to deliver on.
11:55It has made a lot of change.
11:58It has made a parliamentary treatment.
12:01It has made a lot of change from the politics.
12:04And so this is where Rogers' ideas spill over to neighbouring countries like Belgium, and where I even enter the
12:11story.
12:12Because after hearing about the inspirational consequences of the urgent outcome,
12:17eleven concerned citizens in Belgium, me being one of them,
12:20decide to start up their own climate case against the Belgian government.
12:25For governments, we have several in Belgium, you should know.
12:28Actually, your biggest fear is that, unless you have a solid job from a juridical perspective,
12:37that a lawyer does not dare to follow that line.
12:40Yeah, Roger is a real hero.
12:45He's like the guy from The Insider fighting the tobacco industry on his own.
12:50He's been added since 10 years.
12:52And now, around the world, what he initiated resonates.
12:58He's helping us and teams around the world in getting their acts together.
13:04He's set something in motion that cannot be stopped,
13:07and upon which I think we will look back as, you know,
13:11being really a pivotal, defining moment in climate action.
13:17And as our Belgian climate case is joined by no less than 58,000 co-plaintiffs,
13:22other countries all around the world follow suit.
13:25From Canada to Colombia, from New Zealand to Ireland and Norway,
13:29similar cases are brought to court.
13:31In Switzerland, it's senior women, in Portugal youth,
13:35in France, celebrities, often rallying thousands of co-claimers.
13:41But maybe one of the most remarkable stories in climate litigation starts here.
13:45On the tiny German island of Pellworm, in the Baltic Sea,
13:49it's a story of young farmers trying to protect their family farm
13:53against the rising seas by taking the German government
13:56to the constitutional court,
13:58where eventually they're joined by the thousands of young climate activists
14:02that are taken to the streets,
14:04fired up by the charismatic Louisa Neubauer.
14:07The Baxson family live on this island, they have a farm,
14:11and this is something with a deadline, really,
14:15because given the current scenarios and the climate crisis,
14:20at some point on this island you won't be able to farm anymore.
14:24They will effectively have to fight with this front line
14:28that is right in front of their doorstep, really.
14:33And that's really exciting that these cases are not just a single plaintiff,
14:38they're broad coalitions of youth, grandmothers, mums,
14:43you know, ordinary people, NGOs, think tanks coming together.
14:47Demand for justice has to be made for justice to be delivered.
14:51You know, it's not just something that's sort of like Moses comes down from the mountain
14:57with two tablets and here, ta-da, here they are.
14:59You know, justice is actually made.
15:01Laws are made as much by citizens demanding that justice is done.
15:06In the Dutch Agenda case, the verdict is, as they say, provisionally enforceable,
15:11meaning the Dutch government has to take immediate measures
15:13and actually starts closing down coal-fired power plants
15:17and making major new investments in renewable energy.
15:21Still, at the same time, the state decides to appeal the judgment
15:24and upon losing for a second time, they finally turn to the Supreme Court.
15:33The Supreme Court decides that the order to the Dutch state,
15:39issued by the district court and confirmed by the court of appeal,
15:46is definitively upheld.
15:55But then, again, just to win that appeal,
15:57it just kind of really solidified the outcome.
16:00When I first heard about cases like Roger's case,
16:03I kind of thought this was a very symbolic thing to do.
16:06I didn't quite grasp the magnitude of what those court cases could be.
16:11Governments had decided what's an appropriate level
16:14of reducing greenhouse gas emissions.
16:16The court said, at that level of reduction,
16:20we're going to have a global catastrophe.
16:22A greater warming of the earth can have very dangerous consequences,
16:27such as extreme heat or humidity, extreme damage,
16:33the destruction of ecosystems,
16:36and the rise of the sea-spiegel.
16:39This warming can also lead to climate change,
16:43where the climate changes and changes in the sense of the climate.
16:48Through this all,
16:49the lives, the well-being, and the living environment
16:54are threatened by many, worldwide and also in the Netherlands.
17:05now what always made this story even more fascinating to me is that this fierce climate
17:10lawyer married into a deeply rooted shell family his wife saskia being the daughter of a lifelong
17:16petroleum engineer at royal dutch shell he sadly passed away a few years ago but roger's mother-in-law
17:23is still very much alive this are all shell-mensen so that was a great click in all the land
17:32where we
17:33zaten venezuela nigeria turkije porno porno and sarawak was in a good time so what that
17:43betreft have you of course enorm geboft you're still ready for the shell for your doods
17:48gewoon ik denk dat later ja de later as dan de milieu hoek zeg maar heel erg gaat schoppen
17:56dat denk je wel heb je het over we doen hartstikke goede dingen en dat het gaat niet over onze
18:01shell
18:01ik denk dat heel veel mensen die daar werkten ook van trots vervuld waren dat ze iets aan het
18:06opbouwen waren en pas later ging het kwartje vallen het is wel goed om te beseffen dat eind jaren 80
18:13en ook in de jaren 90 shell eigenlijk niet onder stoelen of banken gestoken heeft dat klimaatverandering
18:21een probleem is en dat hun producten daaraan bijdragen en ze hebben in die tijd ook de signalen
18:27afgegeven dat ze daar ook verantwoordelijkheid voor wilden er is een klimaatfilm die shell al gemaakt
18:33heeft ooit in de jaren 80 volgens mij weet jij weet je weet je dat is echt niet nee dat
18:39is de
18:39eerste klimaatfilm die ooit gemaakt is shell zelf waarschuwt in die film voor klimaatverandering
18:48these models contain many uncertainties but they forecast that by 2050 global mean temperature
18:55could have increased by at least a degree and a half possibly near a fall if the threat of global
19:04warming is to be realistically addressed the future will need to be different en toen zij
19:09ze bezig gegaan met verandering binnen shell en er zijn allerlei projecten ontstaan ook renewable energy
19:17projecten binnen shell en die zijn later volgens mij begin 2000 zijn die allemaal weer gestopt binnen shell
19:25en dat vindt wel belangrijk dat het het verwijt dat dan shell gemaakt wordt niet zozeer betrekking
19:31heeft op de jaren tachtig en de begin jaren negentig maar met name dat men die kennis die man toen
19:38had en toen ook feitelijk ten goede leek te willen gaan gebruiken in de jaren daarna met die kennis juist
19:46de verkeerde kant op bewolgen heeft en uiteindelijk in 2009 ook het meest co2 vervuilende bedrijven de wereld werd
19:55dan ken de paris agreement with the whole world vow to go will you reduce emissions to net zero by
20:012050
20:02in holland shell's ceo ben van buurden had this reaction in the by now almost infamous interview on dutch tv
20:10uiteindelijk gaat het er in onze sector om dat wij het aanbod aanleveren wat uiteindelijk de samenleving vraagt aan ons
20:18samenleving vraagt op dit moment om een verdubbeling van de energie en die moeten wij zo efficiënt en zo
20:23koolstof arm mogelijk kunnen aanleveren en dat is ons beleid ik constateer dat dat voor u op dit moment
20:27nog niet betekent dat u minder olie en gas wil gaan oppompen ik komt alles op wat ik kan oppompen
20:33om de
20:34vraag te boeren het te te vervullen wat dat betreft maar je zal toch een bijdrage moeten leveren of heeft
20:41parijs helemaal geen effect voor uw bedrijfsvoering voor het ja natuurlijk zo een bijdrage leveren en die bijdrage die gaat
20:47en voornamelijk zitten in het ten eerste aansporen van van realistisch beleidsmaatregelen dus inderdaad wat
20:54ja maar aan kreeg gaat u ook want het het meeste helpt natuurlijk als u minder olie en gas zou
20:58gaan
20:58oppompen nee ik denk het niet het beste is als we minder olie en gas gaan verbranden en minder
21:03steenkolen gaan verbranden i was watching it and say well this is the last straw of evidence as far
21:10as i'm concerned that we need in order to start suing this company we're in the business of
21:16making money it doesn't matter if we ruin the world by doing that they shy away from any responsibility
21:24make sure that the consumer feels that responsibility but obviously the consumer can do
21:30nothing about that systemic change or little and these are the big players who rule whether or not
21:35these systems will change we need to create a lever again to pressure this this and similar companies
21:45even if we accept there's maybe some public duty of care on a state how can you try to make
21:52that same
21:52case against a private company like shell royal dot shell emits many times the amount of co2 that
21:59the whole dutch society does about two percent of all global emissions are related to royal dutch shell
22:05so in a way they're even bigger than most countries so you don't take them at their word when they
22:10say
22:10shell wants to be a green energy company they've set their own targets ah they've said this from the
22:161990s already shell even had large advertisements in the financial times et cetera stating well we have to
22:23move away from oil and gas and into renewables so here it is shell renewables and a few years later
22:29they shifted their investment to star sands and shale gas and what have you so no their word is far
22:35from
22:35good enough and so in april 2019 the summons is delivered to the shell headquarters with the support
22:42of six other ngos more than 17 000 citizen co-claimants and rogers three young associates from the moment i
22:51became a mother this case became also a personal for me i felt a strong responsibility to to to do
23:01something the world is on fire so to speak all hands are on deck and it's quite obvious that we
23:06have to do
23:07something really new it would be a breakthrough in so many legal areas that it's quite difficult to
23:14envision winning but it would be a huge leap forward and that makes it perhaps a bit unreal to me
23:26um he doesn't have the kind of legal resources obviously that shell do you know these phalanxes
23:31of lawyers these hugely expensive legal firms that they hire and many many of them and i think that's
23:36one of the things that really needs to be addressed here is this is public interest law and it shouldn't
23:41be decided on the basis of who has access to the most money it should be decided on who's bringing
23:47the
23:47right case the big fossil fuel companies who are among you know the richest most powerful companies
23:52in the world have been incredibly well positioned not just to fight these cases in court but also to
23:58shape laws and policies themselves if you look at the examples of the tobacco companies that was how
24:05they managed to keep that litigation at bay for so long was just the scale of the resources they
24:10could bring we're now in the same position with the connection between co2 and climate change there's
24:15no question on the science it hasn't been you know for over a century and yet here we are emissions
24:21are
24:21still rising
24:32sometimes all of a sudden you notice that there's some anger creeping in to those words
24:38uh but you want to be in cases based on arguments not on emotions obviously
24:43when i was studying law corporate law the business as such was much more appealing to me at that
24:49particular time than any social issue whatsoever i also could have become a person like ben van burden
24:56for sure but i'm a lawyer i'm looking at it from a legal perspective from an aspect of human rights
25:03and the duty of care is this what a prudent man should do given all the information that is out
25:10there and we're saying from now on there is no way that you can from a norms and value approach
25:17you can
25:19excuse yourself from following that path no way organizations like shell and total and bp and exxon
25:26mobile and their industry associations have spent all their money blocking this transformation
25:32these big players need to be forced to change
25:48if only filming the outside of shell's headquarters poses a problem getting anyone there to speak to us
25:54let alone ceo ben von burden after months of trying hard seems to be out of the question
26:01so i guess we'll have to hear or see them in court
26:11roger and i read his book many years ago and totally agree that actually these companies are complicit and
26:19they have willingly covered up climate evidence they knew that their toxic product was causing and
26:26would cause huge amounts of damage and they carried on regardless so i hope there is a court brave enough
26:33to recognize that and that the demand for justice will be met
26:41a lot of the cases are about trying to recover money damages from companies that have profited off of
26:49the destruction of the destruction of the planet and roger's new case against shell it's trying to
26:57compel these companies to also force a decline in emissions and to begin a transition to a different
27:05model of doing business
27:14you realize what you started that you started the court case against a multi-billion company that has
27:22the resources to invest in the best lawyers and the best researchers in the world to ensure that they win
27:3125 companies are responsible for 50 percent of all global greenhouse gas emissions and if the judge orders
27:40shall to take its responsibility to reduce climate change it will be the first step to address all of
27:49the biggest polluters that are currently outside of the global climate action is
27:55the result of the operations of royal dutch shell or in short rds the
28:25society as a whole stoot co2 out of the risk of a dangerous climate change is the result of the
28:31climate change and not only the rds the use of oil and gas is also essential for
28:37the function of the society but that doesn't mean that rds does not have feitably ambitions
28:42that are further reaching than that it is not so that shell still sits with the
28:48government's budget how many steps you can set in how far you can go hang well
28:53but then the data seems to paint another picture absolute emissies tussen 2016 and 2019
29:01they are with 5,4 percent toegenomen and as you that then
29:05for example extrapolate to 2035 then you come up with an emissie growth of 34,2 percent
29:11we also see that the previous investments in oil and gas production can go up to 38 percent in
29:192030 when it really has to be reduced the world has to be reduced the world has to be reduced
29:26emissions in absolute sense
29:28a pivotal moment occurs when shells attorneys start to question not the science per se but the way
29:34roger cox's team portray the scientific data around the dangerous cascade of climate tipping points
29:40as far too catastrophic
29:43they will show up that it is aware that when the cascade is set in the climate
29:48it is likely to bring back to the world that is what they call the hot house earth
29:53that is what they call the house earth that is what they call the hot house earth
29:54the setting is simply on a wrong reading of the wrong reading of the
29:56the broken that is onverlet that the importance of understanding of climate change
30:01is in the case that the rds plays its role in the
30:05who plays and will play.
30:09Thank you very much.
30:35And what they do is twifelzaaien.
30:38Yes.
30:38Because if there's a doubt about the right,
30:40it's going to be a lot of ricochet in the direction of Shell.
30:46They want to be convicted.
30:48I was very happy here.
30:50Yes.
30:52I'm a lot more calm now.
30:57Yes, baby.
30:58Good morning, buddy.
30:59Yeah.
31:02It is also not in to see why the whole world
31:04had catastrophic change in climate change,
31:07because it would be for Shell
31:09and other big emissions from CO2
31:11it would be unsafe to change.
31:14But there is no document in the world
31:15where there is a state that someone
31:17that business as usual scenario would want to strive
31:20with all the consequences that are related to
31:22including a few big oil and gas majors
31:24and including the coal industry.
31:26We are all together with each other.
31:27There is no land or island.
31:29So we are going to find it all.
31:30And that's where this issue is.
31:33The idea that Shell can put the legislation
31:35to its hand and how to prevent regulation
31:37is from the air.
31:39The right is even by the Milieu Defensers
31:41confronted with choices that are of earth
31:43and not the right to make the politics.
31:48And the challenges must be removed.
31:51Thank you very much.
31:53After four long days,
31:54it's time for the closing arguments.
31:56But the plaintiffs choose to give final say
31:59to a crucial witness.
32:01As young people, you don't want to make
32:03a dangerous climate change.
32:05But I have no choice.
32:08We have no choice.
32:11Because the truth is that climate change
32:14is easily connected with our future.
32:16bitcoin ger назвals and their odds
32:20The marriage formed both처
32:21Long students haveed the future.
32:21Women have the future,
32:21that is often said.
32:23But what to say we have had a small
32:24of things about that future.
32:25to say.
32:27Decisions are often taken before us.
32:30Also the decisions that are taken here in the court...
32:33will determine how the world of tomorrow will look out.
32:38Now is the moment.
32:40Decisions and deaths in this decade...
32:42will determine our future.
32:44And that future looks a bit more colorier...
32:47than Shell really does.
32:49I say here, so we have a future.
32:58We had an overview.
33:00We are going to keep it short...
33:01as Mr Cox has done.
33:04So let RDS it today.
33:0926 mei is the date.
33:12We are packed out.
33:19What a teamwork, eh?
33:21Yeah.
33:30And then after no less than six years...
33:33Yes, six years of legal maneuvering to stall the proceedings...
33:36our Belgian climate case finally has its day in court.
33:41The stage is the former NATO headquarters in Brussels...
33:43acting as an improvised courthouse.
33:48Sitting here in the temporary palais de justice in Brussels...
33:52it's taken us six years to get here.
33:55And we'll have nine days of hearings...
33:57and then who knows how many months before a decision.
34:00There is a long way to go, and these things are slow.
34:03Hello, Lily. Hi.
34:05I'm going to do it with a few people...
34:07because then we had that.
34:09But I think what the legal cases can do...
34:12is bring a pressure...
34:13and it becomes clear that there is real momentum...
34:16behind this as a legal issue.
34:18Then it will start to change behavior.
34:22We really have something like 58,000 people in the case...
34:27and there really are over all ages within the population.
34:32And if it works well, it's quite spectacular.
34:36Like in the Netherlands, it is actually depoliticized...
34:40this whole climate action thing.
34:43It's dangerous to speak in terms of...
34:45we have the truth on our side.
34:47What we can say is we do have the evidence on our side.
34:50And the evidence is clear.
34:52And although the window of opportunity is very small to get it solved...
34:56we should seize it.
34:58And there is a lot at stake if we don't.
34:59And there is a lot to gain if we do.
35:10Three months later, the court pronounces a powerful verdict by email...
35:14and firmly rules that Belgium's consistent failure to meet its climate targets...
35:18is indeed a violation against the duty of care and human rights...
35:23including those of all the co-plaintiffs in the case.
35:25The court did hold that the Belgian government's current actions...
35:30in relation to greenhouse gas emissions are unlawful under Belgian law.
35:34And every time, it's incredibly important to set a precedent...
35:38that other courts, other lawyers, other campaigners...
35:40can be inspired by and draw upon in their own work.
35:43There is a famous quote among activists...
35:45that you should never underestimate the ability...
35:47of a small group of committed citizens to change the world.
35:50But to make change in the world, that small group of committed citizens need an idea.
35:55And I think the key element was the theories that Roger brought to this case.
36:00The book that you chose to write was the inspiration that you gave to the court case...
36:05and to the brilliant teamwork, and it's been magical to be a part of it.
36:10I think that this court ruling is a very important one...
36:13especially since this is the first case in the world...
36:16where individuals are rewarded by the court for their claims.
36:20This is how ripple effects are created, I think.
36:24This is definitely something that other courts can refer to...
36:27and ground their own judgments on.
36:29With some exuberance, our neighbors in France celebrate making history as well.
36:34On a fait ! On a gagné !
36:36Vous avez gagné !
36:38L'inaction climatique de l'Etat est jugée illégale.
36:43Avec l'affaire du siècle, nous venons ensemble de faire condamner l'Etat pour inaction climatique.
36:50Not only Marion Cotillard and the French case of the century find favor with the court,
36:55the number of climate cases worldwide keeps on growing.
36:58It's comparable in some ways to the days of the cases against the big tobacco companies.
37:03Those cases failed and failed and failed and failed and then they started to succeed.
37:08It feels to me like that momentum is built and that the waves are really starting to break now.
37:12Also on the island of Bellevorm, where the Baxons and the whole German climate movement...
37:17have had their share of legal defeats and disappointments, Luisa gets a phone call from their lawyer.
37:23I was lying in bed and I had my phone there and I was just hearing this voice saying...
37:28Luisa, we won this.
37:33And I was speechless. I couldn't believe it.
37:37It was so unlikely that the Constitutional Court of Germany would grant us the fundamental right to climate justice.
37:45It was incredible. Beyond everything I could have imagined.
37:49I had forgotten, I think, how much it meant to people who genuinely care for the climate and who genuinely
37:56think we're losing it.
37:58And for them, it was a game changer.
38:03A very, very big win.
38:05Also the fact that the Merkel government raised their climate plans for 2030 substantially, reducing that by 65% in
38:142030...
38:14that really shows that a government has to be as ambitious as necessary, not as ambitious as possible because possible
38:25is also a vague term.
38:26But as the German government raises its climate targets almost immediately and considerably, what happens on all the many levels
38:33of Belgian government?
38:34Basically, nothing. No change of plans or policy. In fact, no reaction whatsoever.
38:43It's not only frustrating, I think it's very dangerous for a democracy based on the rule of law if even
38:48politics don't take court rulings seriously.
38:51So I think that that is something that the Belgian government should not be very proud of.
38:57So was this a victory or a defeat in this guise for Team Belgian climate case?
39:02Because though the court did recognize that the rights of our 58,000 co-claimants had been literally infringed...
39:09Still, referring to the separation of powers, the judges refused to impose sanctions or a complete reduction target.
39:17And because that, of course, is what the case is all about, we are appealing.
39:23And that's where I feel the judiciary hasn't caught up.
39:26If it's still backing away, saying this is a political problem, it isn't.
39:31There is, you know, clear legal principles that have been developed over time that they can rely on.
39:38And, you know, 30 years that I've grown great, frankly, you know, is a lot of time for legal norms
39:45and legal rules to have developed.
39:47And it's for judges and tribunals to make those findings now.
39:59I believe we're going to win in an hour, one and a half hour's time.
40:03I hope so, yeah.
40:06You have to create reality.
40:09Speak it into existence, yeah.
40:14There's no question that big corporations have a lot of money to hire a lot of lawyers.
40:18But we now have a lot of very smart lawyers working on the other side.
40:30I think if they just follow the normal practices that judges have followed throughout history, which is you hear the
40:38evidence, right?
40:39And then you apply really well-settled law to a new factual circumstance.
40:44And don't be daunted by the fact that billions of people's lives, you know, are in the balance.
40:52The government orders RDS via the concern policy of the show group, the CO2 output of the show group and
41:01the shareholders and the shareholders of the group,
41:04end 2030, to bring back to netto 45%.
41:18I hear outside the clear reactions.
41:22I close the seat and the bank will be back.
41:27And the bank will be back.
41:29RISKOLF DRIVER
41:30RISKOLF DRIVER
41:31RISKOLF DRIVER
41:33RISKOLF DRIVER
41:39this was a brutal day for big oil this is huge news all of a sudden boom this is a
41:46groundbreaking
41:46and historical verdict in our opinion the first time that a large multinational company is ordered
41:52to reduce its emissions over the whole group in 80 countries so i really think that this
41:57will have a huge impact on the energy transition yes it's a phenomenal it's an historical day
42:06it's the first time in history that the court has decided that a major pollutant should stop causing
42:14a dangerous climate change
42:18this is really really nice exactly what the doctor ordered
42:26an enormous win for the moment
42:27i don't know if it's really in my opinion
42:36but it's really a great victory
42:40this is going to be one of the most important
42:46messages in the last 50 years
42:50cheers
42:55everyone has been very hard with it there were sleeping nights and all those things
43:00but if this is the victory then it was worth all the hours and all the years also for some
43:07of us
43:08so i know that they will be very happy at home
43:11that may now still calm down
43:14so cheers mates
43:19yeah
43:21that's oma
43:22hi
43:24i have helaas
43:25my aperitif
43:26meegenomen
43:27yeah that had you
43:27well done
43:28i had a lot of voice mail berichtjes
43:30in the first day
43:31but the one of you was really nice
43:34no one trotser than
43:35we of you
43:37because you have so many offers for
43:39and we hope that the older people can find
43:43and that's quite difficult
43:45because there are many older people who say
43:47well it will take my time to take off
43:49and the 17.000 citizens are mainly young people
43:54who have united there
43:56and they are really worried about the future
43:59of life on earth
44:02and of course there are of course ramps
44:04also with the weather
44:06it's so evident
44:07if you know that everything is changing
44:09you can't recognize that
44:11even if you would like it
44:12even if you would like it
44:18and then the torrential rainfall
44:20that comes pouring down in the middle of summer
44:22takes its storm
44:23for a change not in the usual far away places
44:26but in germany, belgium and the netherlands
44:29even right where roger lives
44:44it seems that climate change is already hitting us harder than most scientists expected
44:51if you're not even safe anymore
44:52in your own house
44:53if this can occur at any given moment
44:56knowing that it will get worse anyways
44:59we must
45:00do anything we can
45:02to make sure
45:03that this doesn't get
45:05much more out of hand
45:08hopefully will be a wake-up call
45:10to many people
45:13but
45:13i doubt that it will
45:20powering progress
45:22that's how i think about our role
45:23that's what i believe we do
45:25and we should continue to do
45:27and that is what i think is the case for shell
45:31powering progress sets out a strategy
45:33to accelerate the transition of our business
45:36to a net zero emissions business
45:39purposefully
45:40and profitably
45:42powering progress delivers value for our shareholders
45:45for our customers
45:46and for wider society
45:48and this includes
45:49supporting government policies
45:51to reduce carbon emissions
45:53sector by sector
45:56obviously they are changing in a few ways
45:58but as the court has ruled
46:00if you look at their ambitions
46:02and if you look at their action plans
46:04and see what really is happening
46:06it's still kind of misleading
46:07we believe the world can achieve
46:10net zero co2 emissions
46:12to meet the goal of paris
46:14if industry government
46:16and society work together
46:18to make the right choices now
46:22the energy system must change faster
46:24and change is opportunity
46:27shell is acting today
46:29to be part of this future
46:30then i start wondering
46:32shouldn't we give shell some credit
46:34isn't this the reaction to the verdicts
46:37one would hope for
46:37that's just not about investing in renewables
46:41even in this case it's only a small chair
46:43it's about how much is still invested
46:46in the oil and gas sector
46:48that's the real point
46:49that's the issue that's also relevant
46:51in the court case
46:52it seemed to me that they didn't take that
46:55into account whatsoever
46:56the possibility of losing a case like this
46:59i think that the first six weeks
47:01or something like that
47:02there was hardly any communication
47:05whatsoever
47:05afterwards they have been raising their ambitions
47:08but still far from what is needed
47:12to be Paris aligned
47:13but while ben vows to accelerate
47:16transition to net zero
47:17shell also decides to appeal
47:19against the ruling
47:20because a court judgment
47:22against a single company
47:23is not effective
47:25they argue
47:26again i wonder don't they have a point
47:28that singling out one polluter
47:30isn't really fair
47:32from a legal perspective
47:34if you're violating the law
47:37then it doesn't really matter
47:38if others are violating it as well
47:40what matters is that you should address
47:43that violation
47:44we have to be prepared
47:46and probably even better prepared
47:48for the next round
47:49because they will double down on their efforts as well
47:52to make sure that this case will be overruled
47:54and we have to be
47:56on top of our game for sure
48:00then guess what
48:01the little known dutch attorney roger cox
48:04is heralded by time magazine no less
48:06as one of the world's hundred most influential people of the year
48:10and a worldwide pioneer
48:11together with another flying climate dutchman
48:15european vice president
48:16france timmelmans
48:17godfather of the european climate program
48:20who comes from the exact same small dutch town
48:23as roger
48:24we are both children from the coal mining region
48:27where people are used to working hard
48:29and speaking their minds
48:31and being very hard headed
48:32people like roger cox
48:34they create new legal areas
48:37if you know the history of
48:39the legal profession
48:41very often people went into areas
48:43where others would say that's crazy
48:45there's no room for that
48:47they are innovators
48:49they don't ask why
48:51they just ask why not
48:53and the man who sings his praise
48:55in the times article
48:56is none other than the man who
48:58unknowingly sent roger on his quest
49:00and who now also introduces him
49:03in edinburgh at a ted event about
49:04effective climate action
49:06yes it's that same
49:08al gore
49:10i'm going to set the scene for a recent wave
49:12of successful lawsuits
49:14against fossil fuel companies
49:16and governments
49:17and we'll hear more about this
49:19from roger cox
49:21who led the successful lawsuits
49:24against royal dutch shell this year
49:25an historic precedent setting case
49:28requiring shell to cut its carbon emissions
49:31quickly and dramatically
49:33roger cox roger
49:35thank you for this kind introduction
49:37and for inviting me to speak
49:39today this important event
49:43that was kind of nice yeah
49:45i must admit
49:48things are coming full circle in that way
49:51you're one of the most influential people of the year
49:56so they say
49:57yes yes
49:58which is also a very nice acknowledgement for
50:00for all the hard work that has
50:03been delivered by many people over the last 15 years
50:07but there's many more cases to win
50:10and we also have to make sure that we don't lose any of them
50:14so it keeps us running
50:16so yeah
50:17but now we got to work
50:25after almost two years in his footsteps i follow roger to the city of that legendary accord
50:30paris where he's working with the activist lawyers behind
50:34l'affaire à nous tous
50:36the case for us all
50:37who as we saw celebrated an important court victory against the state as well
50:42and now just like roger went after shell
50:44they're going after the french oil and gas giant total
50:49your activity as a company is producing oil and gas
50:53you decide on that activity
50:55nobody else
50:57total is judged by the carbon disclosure project
51:01as the 19th biggest global polluter
51:04total is also the first big polluter in france
51:07and is responsible of at least as many emissions of co2 than france's
51:12so we really hope now that the french judges will again follow the lead of the dutch judges
51:18and say that total must as well be held accountable in favor of the climate
51:23we need to make the court feel comfortable with the fact
51:26that they can actually order a reduction target
51:29they need to make sure that there is an effective remedy
51:32against any and all human rights violations
51:35and the emission reductions is the only remedy
51:37there is no other remedy
51:39when you face something like a state or a big company
51:43you feel like you have no tool
51:44you cannot do anything against them
51:47but law is there, climate litigation is there to raise up to the challenge
51:52and i believe this is the future
51:54this is the future of our legal system
51:56we need to understand that those who do not protect the planet
52:01those who actually harm the planet should be held accountable for that
52:04we're seeing a steady increase in the volume of climate change litigation around the world
52:08it's partly because some governments are actually imposing regulations
52:13and companies are pushing back against those regulations
52:16and trying to get relief from the courts
52:18by now several automobile companies in germany are facing court cases
52:22and this will be something that will, you know, expand
52:27but this needs to be the warning for every company out there
52:30that they, you know, they will face similar cases
52:33and they will be held accountable
52:35not just by nice newsletters and petitions sent to them
52:39but by court, by court cases one by one
52:44then finally, to raise the stakes even higher
52:46one of the future tricks at the sleeve of Roger's courtroom gown
52:49could be another legal revolution
52:52the idea that CEOs and board members of polluting companies
52:55could from now on also be sued in a personal capacity
53:01boards of big CO2-emitting corporations need to understand
53:07when they actively keep on pushing against climate regulation
53:13greenwashing their business
53:15that it might very well be the case that these directors
53:17will be personally liable next to the corporation as well
53:21there's now a pool of successful cases
53:24and let's hope that others will build on that
53:28because we need hundreds if not thousands of lawyers
53:31doing this kind of work and becoming much more involved, so...
53:35And I can't wait for the judiciary to play its part too
53:39in understanding the complexities of the climate problem
53:44here are gases that have been known by science
53:48to cause enormous irreparable damage
53:51and we are letting the world down if we don't tackle that problem
53:56We're not powerless in this
53:58the climate crisis isn't just laying on our shoulders
54:00it's also in our hands
54:02and that's something we need to, you know
54:04we very very much mustn't forget
54:07we...
54:07I think it's never been easier to get inspired
54:10We had climate litigation 1.0 if you will
54:13in your agenda case
54:14we had 2.0 now with the Shell case
54:16and so there has to be a 3.0
54:19and hopefully a few of these movements
54:21like the climate litigation movement on the one hand
54:24the youth movement
54:26the movement of more climate activists, shareholders
54:29and large investors taking their money out of oil and gas
54:32so if all these levers can accelerate the speed
54:37in which they are effective
54:38then nothing is impossible, I would say
54:42A hopeful message in the end
54:45There you go
54:50Every one of us has the potential to create ripple effects
54:54everything you say counts, everything you do counts
54:57everything counts
55:24We have to feel broader
55:28We have to feel broader
55:31Oh, oh, oh, oh, oh
55:59Oh, oh, oh, oh, oh
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