Enforcement of International Sustainability in Climate Policies via Private Law: A Comparative Case Study in ‘Greenwash’ Laws
摘要
There is clear evidence that the various State nations that have signed international treaties on climate policies are struggling to find mechanisms that enforce or encourage their implementation. There are further complexities from State players who have benefited from the industrial revolution and enjoyed 200 years of economic growth, whilst restricting developing nations from enjoying that same economic growth. The methods available for enforcement and implementation range across economic, legal, environmental and social policies and agencies. A great deal of the debate focuses on public international law, whereas this paper examines the use of private domestic and international law to enforce claims made by States and public corporations to hold them to account. Most countries under the common law, civil code or mixed legal systems, have consumer protection laws. There is usually a legal requirement to not mislead or defraud consumers by making environmental claims about products or services that are untrue or confusing for consumers. The label ‘greenwash’ is used to cover these false claims, where a positive environmental aspect is attached to consumer goods or services when this is untrue or misleading. This chapter illustrates the use of private law through a case study under Australian consumer protection law, with a focus on greenwash.