Climate Change Conflict and the Role of Mediation As the world grapples with record-high temperatures and further damage caused by climate change, a surge of climate-related conflicts and litigation cannot be far behind. Crucial to tackling these disputes and the threat posed by climate change as a whole is mediation and ADR. In this article, mediator and arbitrator Paul Sills predicts what is in store for governments and businesses in the wake of widespread climate change and the role that mediation has to play in addressing it. Expert Insight EXPERT INSIGHT 51 and 2.0°C aspirations. NGOs and others have sought answers from the courts and will continue to do so. 2.Migration and displacement: One of the most immediate consequences of a lack of drinking water, rising sea levels and extreme weather conditions is the displacement of populations. Coastal areas and low-lying islands are especially vulnerable. This migration will lead to legal battles over refugees’ rights, border disputes and the obligations of nations to accept and integrate displaced individuals. 3. Resource conflicts: As resources like fresh water become scarcer, conflicts over their use and distribution will intensify. Transboundary water disputes could become especially litigious. Countries sharing the same river, for instance, will clash over water rights, potentially leading to international conflicts. 4.Infrastructure and property damage: The increasing frequency of extreme weather events like droughts, hurricanes, floods and wildfires means more damage to infrastructure and private property. Underwriters and reinsurers will become increasingly hesitant to cover this damage and will To frame this discussion, I would like to ask about climate change and its impact in the legal sphere. What sorts of conflicts do you expect will become more commonplace as the effects of climate change grow more severe? As the effects of climate change become more pronounced, the world will witness a rise in a wide array of legal disputes. Many of these disputes will revolve around issues that, until recently, might have been considered peripheral, but are quickly becoming central to the lives of millions and even the stability of nations. 1.Paris compliance: Much of the climate change litigation the world has seen since 2015 relates to efforts by NGOs and others to identify via the courts what it means to be ‘Paris compliant’. The Paris Agreement contains little guidance on what it means to be compliant with the 1.5°C
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