An Analysis of COP26 One Year On

COP26 in Glasgow was a gathering of world leaders to promote the actions of improving climate change, from Nicola Sturgeon to Greta Thunberg, lots of plans were discussed. How well have these actions went in achieving their goal? This blog will highlight the good and the bad affects COP26 has had on climate change in conjunction with the active approaches law firms can take in contributing towards the COP26 objectives – as it is Pro Bono week and in the light of COP27 in Egypt this year. This will help people most affected by climate change stay informed to access justice.

Successes and Failures

The United Nations Convention on Climate Change gives COP26 as an annual conference a purpose. Mainly to adopt decisions which develop and implement the COP26 convention, the Kyoto Protocol, and the Paris Agreement. However, there were aims which were set out for COP26 specifically. The four main aims set out in COP26 in Glasgow were to achieve net zero emissions by 2050, keeping 1.5C degrees within reach – aimed to be done by switching to electricity powered cars, preventing the prominence of deforestation, and promoting the use of renewable energy sources while minimising fossil fuels.

Further to this, it was proposed to protect communities and natural habitats which ties in with the deforestation objective as a whole. COP26 raised the issue of being able to manage and make available £100 billion in finance to work towards these goals. The fourth aim was for countries to work together and finalise the Paris Rulebook – which guides countries on reporting emissions, timeline for reducing emissions in total, and rules set out for carbon markets.

Before looking at the failures of COP26, we should acknowledge the successes. For one, the COP26 pact is now 190 nations strong, according to COP26 President Alok Sharma. This coalition has pledged to “phase out coal power and end support for new coal power plants”, showing that the international community is most united in their efforts to prevent global warming. However, certain key players in the international community, such as Russia and China, were notably absent from the conference. According to Paul G. Harris writing for PLOS Climate, the latter produce over a quarter of all global emissions and intend to increase this until 2030, while the rest of the world’s nations are actively looking to decrease such emissions. Therefore, the efforts of these nations may not be enough in achieving the target of 1.5 degrees higher than pre-industrial levels.

A further failure has been identified by ethicist Julian Sheather, who attributes “global ‘blinkmanship’” as another failure of COP26. Every country wants the changes to occur and is fully aware of the consequences that will follow if action is not taken. However, no nation wants to be the first to introduce such painful measures which will alter their citizens way of life, as not to be labelled as “draconian” or “authoritarian”. COP26 should provide the nations with a way of making these necessary steps together as a unified front, however Sheather’s proposes “weakness of global governance” leads to infighting between nations that detracts from the larger fight; the one against global warming.

The Legal Profession and COP26

Additionally, the legal profession has been urged to adapt its practices to meet the COP26 aims. Whilst changes to environmental law at a statutory level will work as an accountability tool, the most effective changes will operate at a firm level.

One of the most important starting points is the adaptation of firm targets. Firms must take a proactive approach to implement new science-based targets to limit carbon emissions associated with their practice. This will not only contribute to further achieving the 1.5°C target but also shows active engagement at a ground level which should be adopted by all employees. Alongside this also comes the publication of said targets, and how the firm has implemented practical measures to meet their aims and operate on a more environmentally friendly platform. This again will not only work as an accountability measure but also allows firms themselves to see if their measures are working and how they can be adapted for improvement or to ensure they remain affective.

Promotion of climate change within the legal profession is also vital to further achieving COP26 aims. In light of pro bono week, this is particularly relevant as pro bono activities is one of the most effective, proactive approaches firms can take towards achieving this. By carrying out pro bono work, firms can ensure access to justice for those who are negatively affected by climate change at an affordable level. Additionally, engaging with current and prospective policy making will also help contribute towards upholding the human rights of those majorly affected by the issue. Overall, it is important to recognise this is not an ‘over-night fix’, approach whilst it will be gradual must be consistent and continually adapting if further improvement is ever to be achieved.

 

Written by: Holly Stokes, Fraser Scott, Paul Jay Cassidy, Patrick Goodfellow, Louis Gibson and Scott Gemmell

Employability – James Cox

James is currently a fourth year LLB student at GCU and, after completing a vacation scheme in summer 2022, James has secured a training contract at international commercial law firm CMS, commencing in August 2024. In this blog, James talks about his experience this summer.

 

Firstly, not everyone knows what they want to do with their LLB degree and that’s okay. You shouldn’t feel freaked out when people start mentioning grad jobs and training contracts.

This post is mainly to get first and second years thinking about the legal opportunities out there and give some insight into the recruitment process at big commercial law firms.

 

For me, I think I always really knew that I had a keen interest in commercial issues and business in general, so a career in commercial law was the best way to marry this together with my passion for the law. It’s not for everyone and you shouldn’t feel like you ought to be attracted to it just because people tell you “it’s where the real money is”.

 

This leads me on to my first key point; before you even start to think of applying for traineeships or internships, you must first get to grips with your personal motivations for pursuing the career path. These should be genuine and personal reasons, not just the standard clichés that grad recruiters will have heard a million times before.

 

After, in my experience, I think that you should research around 10 firms in depth, all the time being aware of your personal motivations and how a firm aligns with these. There are so many resources that you can use to do this out there such as Chambers Student, Legal Cheek and the firm websites. Additionally, don’t be afraid to reach out on LinkedIn (can’t believe I actually used that phrase!) to trainees at law firms to get some personal insight into the firm. You can use Law Fairs to do this too. I know it is quite daunting but I promise they are really just normal people and you won’t be the first or last to contact them about this. Plus, doing so gives you some insight that puts you ahead of so many other applicants.

 

This all does sound like a lot of work before you even get to writing an application. That’s why it is best to start as early as you can. For instance, at CMS the application window for the vacation scheme for the following Summer opens around the end of September and closes just before Christmas. I personally began my firm research around the start of August 2021 and submitted my various applications around early to late November – I promise I do actually have a life by the way!

 

This brings me on to one of the biggest things I learned during the application cycle; consistency compounds.  What do I mean by that? No one can spend all day every day working on applications – it is not sustainable when you have other commitments like your studies, part-time work and a social life to balance. A couple hours of work most days is actually better than spending three days straight sweating it with deadlines approaching. I know people like to say they work best under pressure (another application cliché!) but traineeships or vacation schemes are incredibly competitive so you need to give yourself the best chance to submit as good an application as you can – this starts with being organised and committed.

 

On the subject of competitiveness, it is inevitable that you will face rejections. To give you an idea, I applied for around nine schemes and got rejected from seven of them – some at much smaller firms than the one I ended up in, and one time I just never heard back either way! Don’t take it personally; it is a simple fact that way more people apply for these positions than there are spaces on them. However, you should leverage rejections to show the resilience and motivation you possess and always back yourself – someone has to get the spot, so why should it not be you?

 

Finally, I would like to stress the value of non-legal work experience. The only real experience I had, apart from a week with the Procurator Fiscal way back in fourth year of high school, was my part-time job. In my experience this can be just as, if not more, valuable than a week of informal experience here or there doing admin work. Beyond having to manage your time and juggle different commitments, part-time work exposes you to the realities of the working world including managing relationships, working in a team and possibly being a leader of some description. So don’t think it’s not that relevant, it really can be if you frame it in the right way.

 

So good luck! Here’s some resources I found useful:

  • Aspiring Solicitors
    • Coaching programmes, mentoring schemes, virtual events, financial support from their foundation

And all of the below are great for developing commercial awareness:

  • Watson’s Daily Podcast
  • FT daily newsletters (use the university library for free subscription)
  • The Corporate Law Academy newsletter
  • Commercial Law Academy Newsletter
  • Roll on Friday (try to avoid the forums full of unhappy lawyers looking for somewhere to vent!)

 

James Cox. LLB4, Glasgow Caledonian University

 

If you would like to speak to James about his experiences, he is happy for you to contact him JCOX202@caledonian.ac.uk

Libel: Monroe v Hopkins

Under Scots Law, an offending statement may not always be defamatory as it can fall within another category of hurtful words i.e. malicious falsehood or slander of title. To be defamatory a statement must be false and must lower the defamed in the estimation of right thinking members of society. A court will establish what that standard is today when considering the statement. Additionally, it is important to remember that to accuse someone of making defamatory comments may, of itself, be defamatory.

For an action to be raised the alleged defamatory statement must be communicated. The traditional forms of communication are publication in print or oral dissemination. However, nowadays the number of platforms on which communication can occur have increased. Online social platforms such as, Twitter, Facebook, LinkedIn, and the numerous blogging platforms, have increased the modes of communication where a defamatory statement can occur.

February of this year provided us with a high-profile libel case initiated over words posted on online social platform, twitter.  Monroe v Hopkins provided us some valuable guidance on how to keep on the right side of the law when writing online. You might think that you have posted a light-hearted tweet or a funny response, but it may not come across as that to the receiver and you could be opening yourself up to potential law suits.

In this case the issues at trial were:

  1. Do tweets fall under the definition of defamation at common law?
  2. If so, have the tweets caused or are they likely to cause serious harm to the reputation of the claimant?

Hopkins sent a message accusing another of vandalism of a war memorial, but the tweet was directed to the wrong person. A simple case of mistaken identity which Hopkins attempted to rectify by deleting the tweet two hours after it was published. Mr Wilson, Hopkins lawyer, argued that: “The readership would have been limited because the tweet was a reply and deleted after two hours, and that readers would understand it was a case of mistaken identity” and “Ms Hopkins lawyers have argued that Ms Hopkins is well-known for being confrontational, outrageous and flippant and that therefore the allegations would have been taken with a pinch of salt”.

Therefore, although no official defence was lodged it was argued that the tweet did not constitute a defamatory statement.

In considering the case Warnby J provided:

“whilst the claimant may not have proved that her reputation suffered gravely, I am satisfied that she has established that the publications complained of caused serious harm to her reputation”.

“Which implies that this judgment could apply to twitter accounts smaller than Hopkins’.

This case provides us with valuable information that no matter how viewed your online platform is or how long the alleged defamatory statement is published, you can still be tried for defamation. If this case tells us anything; it that you should consider the way in which your online publications can be construed. Hopkins could easily have avoided this if she published an apology to Monroe. A simple request.

Full Monroe v Hopkins judgement can be viewed here: https://www.judiciary.gov.uk/wp-content/uploads/2017/03/monroe-v-hopkins-2017-ewhc-433-qb-20170310.pdfhttps://www.google.co.uk/search?q=twitter+defamation&source=lnms&tbm=isch&sa=X&ved=0ahUKEwis5LyE7efSAhVrDcAKHbnzA_AQ_AUICSgC&biw=1600&bih=750#imgrc=zSPmTxaIvNOANM: