Glossary

An absolute reduction refers only to the amount of greenhouse gases that an entity has eliminated in its operations and activities, not accounting for the amount it still produces.

Administrative law “refers to the branch of law governing the creation and operation of administrative agencies. [It] encompasses laws and legal principles governing the administration and regulation of government agencies.”

Admissibility refers to a process by which a court or monitoring body determines the eligibility of a complaint for determination on its merits. To be admissible, a complaint needs to fulfill certain prerequisites, like the exhaustion of local remedies.

An affidavit is “a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge.”

Beneficiaries are those who stand to benefit from a trust. Once beneficiaries receive trust property, they have full legal rights over it.

A carbon budget refers to the finite quantity of carbon dioxide (CO2) that can be emitted before reaching a limit on the increase in average temperature (e.g., 1.5 degrees Celsius or well below 2 degrees Celsius). A carbon budget can be global, in which case it would provide the finite quantity of carbon dioxide that can be emitted globally before reaching a limit on temperature increases. A carbon budget can also be national, in which case it would provide the finite quantity of carbon dioxide that can be emitted nationally before reaching the limit on the state’s permitted CO2 emissions. Generally, national carbon budgets are derived by reference to a global carbon budget – meaning that a national carbon budget refers to a particular state’s portion of a global carbon budget, based on its population size, historical emissions, and/or some other metric.

A relationship between an action or inaction and a situation where the action or inaction at least partially causes the situation to arise.

Coal-fired power is electrical power generated through the burning of coal, a type of fossil fuel.

The Committee on the Rights of the Child is an international body established by the Convention on the Rights of the Child in order to oversee the implementation of the Convention and compliance with it.

The term “common but differentiated responsibilites” refers to a principle of international environmental law “establishing that all states are responsible for addressing global environmental destruction yet not equally responsible. The principle balances, on the one hand, the need for all states to take responsibility for global environmental problems and, on the other hand, the need to recognize the wide differences in levels of economic development between states. These differences in turn are linked to the states’ contributions to, as well as their abilities to address, these problems.”

The Convention on the Rights of the Child is an international human rights agreement that affirms the rights to which children are entitled and provides the obligations countries must satisfy in order to protect those rights.

Corporate Limited Liability refers to a business structure created by statute that corporations can adopt in order to shield owners from personal responsibility for debts or liabilities accrued by the corporation.

Direct greenhouse gas emissions are those that are emitted “from sources that are owned or controlled by the reporting entity.”

A requirement imposed on someone to act reasonably towards someone else, usually due to a special relationship that person has with the second, and avoid causing the other person harm.

The exhaustion of domestic remedies refers to “the general requirement that victims first use the judicial or administrative complaint procedures available under national law before bringing a complaint to the international level.”

Refers to the quantity of greenhouse gas emission reductions a given country is or should be required to achieve given a particular measure of fairness, including historical responsibility for emissions, per capita share of global emissions, economic capability, and others.

A fiduciary duty is essentially an obligation by one party to act in the best interests of another. It arises when two people are in a special relationship, such as lawyer/client or trustee/beneficiary. The exact nature and extent of the duty or responsibilities owed by a fiduciary will vary depending on the circumstances.

The basic organizational and physical facilities and structures needed to produce and distribute fossil fuels, which include coal, oil, and gas.

A fossil fuel reserve is a deposit of oil, coal, or natural gas from which oil, coal, or gas is extracted.

Fundamental rights are usually, though not always, constitutional in nature. A fundamental right is “a right that is considered by a court. . . to be explicitly or implicitly expressed in a constitution,” thus requiring a high degree of protection.

General duties refer to obligations to take unspecified measures to achieve general outcomes. For example, states can have a general duty that obliges them to adopt measures – without specifying what kind – to protect the environment and limit the dangers associated with the climate emergency.

A greenhouse gas emission reduction target provides the amount that greenhouse gases must be reduced in a particular area (usually within the boundaries of a particular state or sub-state) by a particular date.

An increase in the percentage of carbon dioxide – a key driver of global warming – in the air.

Indirect greenhouse gas emissions are those that are emitted as a result of “activities of the reporting entity, but occur at sources owned or controlled by another entity.”

Refers to an order issued by a court requiring a party to do something or to refrain from doing something.

Intergenerational equity is a principle that provides that “every generation holds the Earth in common with members of the present generation and with other generations, past and future. The principle articulates a concept of fairness among generations in the use and conservation of the environment and its natural resources . . . The principle is the foundation of sustainable development. . . It has also been applied to cultural resources and to economic and social problems.”

“An interim interdict is a temporary order, stopping a person or company or organization from taking certain action or actions.”

Jurisdiction is defined as the “power, right, or authority to interpret and apply the law.”

The merits refers to “the substance of a legal case apart from matters of jurisdiction, procedure, or form.” The decision on the merits therefore “rests upon the law as it is applied to the particular evidence and facts presented in the case.”

Refers to an obligation that requires an individual or entity to refrain from acting in some way – or, in other words, to not do something. This contrasts with positive obligations, which require that an individual or entity affirmatively act in some way.

Negligence refers to the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”

A net reduction refers to the total reduction of greenhouse gases left after the amount of greenhouse gases produced by an entity in its activities has been subtracted out of the amount of greenhouse gases that the entity has reduced in its activities.

The OECD Guidelines for Multinational Enterprises are “recommendations addressed by governments to multinational enterprises operating in or from adhering countries. They provide non-binding principles and standards for responsible business conduct in a global context consistent with applicable laws and internationally recognized standards.”

Refers to a "failure to do something" or a "a neglect of duty".

This refers to an obligation that requires an individual or entity to act in some way – by engaging in a certain activity, providing a certain outcome, or undertaking particular measures. This contrasts with negative obligations, which require that an individual or entity refrain from acting in some way.

Prima facie means “sufficient to establish a fact or raise a presumption unless disproved or rebutted.”

The principle of non-refoulement "guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status."

“A private nuisance involves the use of one’s property in a manner that causes significant harm to another individual’s use or enjoyment of their private land.” Someone can bring a lawsuit against someone else for private nuisance.

A public nuisance “generally refers to any conduct that interferes with the rights of the public. The precise definition of public nuisance often varies by state and is embodied in civil and criminal statutes.”

Public trust doctrine is a legal principle “establishing that certain natural and cultural resources are preserved for public use.” Such natural resources can include waters, wildlife, and land, and “the public is considered the owner of the resources.”

The right to a healthy environment, typically provided by a constitution or international treaty, generally entitles people to live in a clean, safe, and sustainable environment that supports their health and well-being.

The “right to life,” which can be found in both domestic constitutions and international instruments, usually provides that nobody can try to end an individual’s life and, additionally, must take appropriate measures to safeguard life. Sometimes this right is interpreted as an “absolute right,” which means that it can never be infringed upon or limited. The right may give rise to “positive obligations” (a duty to take certain actions) as well as “negative obligations” (a duty to refrain from certain actions).

“The GHG Protocol Corporate Standard classifies a company’s GHG emissions into three ‘scopes’. Scope 1 emissions are direct emissions from owned or controlled sources. Scope 2 emissions are indirect emissions from the generation of purchased energy. Scope 3 emissions are all indirect emissions (not included in scope 2) that occur in the value chain of the reporting company.”

The separation of powers doctrine is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) have separate spheres of authority.

Specific duties refer to obligations to take particular steps to achieve certain outcomes. Specific duties can include obligations to reduce GHG emissions, improve energy efficiency, develop renewable energies, and reduce vulnerabilities to climate impacts.

Standing refers to the plaintiff’s “capacity to bring [a law] suit in court.” If a plaintiff doesn’t have standing, a court won’t review its claims. If a plaintiff does have standing, a court will review its claims, assuming that there are no other issues that prevent the court from hearing the case.

A supply chain includes all of the activities, materials, information, organizations, and people required to bring a product from its inception to its delivery to a customer.

Tort law refers to the branch of law dealing with civil liability for wrongs committed that result in loss, injury, or harm.

A trust is a relationship that involves one party holding property for the benefit of another.

Trustees hold and manage the trust property (i.e., the property of another, the beneficiary), and they must act in the interests of beneficiaries. This means, for example, they must act in good faith, show loyalty to beneficiaries, be impartial and even-handed, and keep accurate records and information.

The UN Global Compact is a voluntary initiative, calling on “companies to align their strategies and operations with ten universal principles related to human rights, labour, environment and anti-corruption, and take actions that advance societal goals and the implementation of the SDGs.”

The UN Guiding Principles on Business and Human Rights are “a set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations.”

The UNFCCC is an international, multilateral treaty, which entered into force in 1994. The ultimate objective of the Convention is to stabilize greenhouse gas concentrations “at a level that would prevent dangerous anthropogenic (human induced) interference with the climate system.”

The Human Rights Committee is the “body of independent experts that monitors the implementation of the International Covenant on Civil and Political Rights by its States parties.”

Urgent interim relief may be granted in cases where a party claims that their right is at risk of being irreversibly harmed before the final award is given.

The term ‘victim’ refers to the person who has experienced a rights violation as a result of harm created by another person or entity’s actions or inactions.