14. The CLE-led climate co-curricular program
CLE does not exist only in the clinic classroom or reside solely in the semester that a student takes a clinical legal subject. The skills a student develops in a climate clinic can be repeated and refined in voluntary work that emerges from the CLE experience and which students continue during their law degree.[1]
Climate clinical skills and approaches have been used in university co-curricular programs. The law co-curriculum comprises all the learning activities that occur at law school that are linked with, but additional to and outside of, the formal teaching programs. Commonly, the co-curriculum has a focus on professional practice, skills and contemporary issues, and increasingly it is prepared in partnership with student leaders. The focus of a law co-curricular program might include communication skills, working with diverse clients, advocacy skills (mooting or friend of the court submissions), and activism and law reform projects. Two examples of legal co-curricular activities in the climate context are the Student Law Clinics Global Day of Action for Climate Justice[2] and the University of Queensland’s Climate Justice Initiative.[3]
The Global Day of Action was conceived by the Baroness Hale Legal Clinic at York Law School in the United Kingdom and more than 50 clinical programs within law schools around the world have pledged to ‘rais[e] awareness of the issue of climate change in our teaching, research and activism; and to [find] ways to support law students to contribute to the struggle for climate justice’.[4] Participating clinics are invited to organise a co-curricular activity open to all law students, not just those studying a clinic, to activate for change on a chosen issue.[5] The purpose of the Day of Action is threefold: to show law students that they have a professional responsibility to social and climate justice and to advocate for those most vulnerable to climate change; to harness in law students their learnt capacities and skills that they can use to respond to the climate crisis; and to demonstrate to students that they are part of a global movement of concerned future legal professionals.
The University of Queensland Climate Justice Initiative is an example of a quasi-climate clinic. It has goals similar to a climate clinic, but it is not taken for credit and there is no formal learning embedded within it. It is a model, however, for law schools that do not have a large or sufficiently staffed clinical program or, as in the case of the University of Queensland,[6] want to instil in law students an ethos of pro bono practice. The Climate Justice Initiative sits within the UQ Pro Bono Centre, which operates as a form of clearing house, connecting students with practitioners, academics and community organisations to undertake pro bono legal research assistance, especially the production of law reform submissions on areas of climate mitigation, adaptation and resilience.
KEY QUESTIONS
- Thinking about the co-curricular program on offer at your law school (this might be moots or talks), how is the program relevant to climate justice? What other things could you do to help build a climate co-curricular program?
- Sarah Buhler et al, ‘Clinical Legal Education on the Ground: A Conversation’ (2020) 32 Journal of Law and Social Policy 127. ↵
- Global Day of Action (Web Page) <https://www.globaldayofaction.com/>. ↵
- ‘Climate Justice Initiative’, The University of Queensland Australia (Web Page) <https://law.uq.edu.au/pro-bono/join-pro-bono-student-roster/climate-justice-initiative>. ↵
- ‘The Climate Justice Pledge’, Global Day of Action (Web Page) <https://www.globaldayofaction.com/blank-1>. ↵
- Melbourne Law School students have published one of their co-curricular activism projects: L M Shirley et al, ‘Unwrapping Victoria’s General Environmental Duty to Plastics Communities: Synthetic Statutes’ (2022) 47(3) Alternative Law Journal 204. ↵
- ‘UQ Pro Bono Centre’, The University of Queensland Australia (Web Page) <https://law.uq.edu.au/pro-bono>. ↵
There are many definitions of climate justice. The definition by the Climate Justice Global Alliance states that ‘climate justice advocates for equitable solutions that prioritize the needs of those who are most affected by climate change, strive to reduce greenhouse gas emissions, and ensure that the burdens and benefits of climate action are distributed fairly, taking into account historical and systemic inequalities.’ Climate justice has various aspects:
- Distributive justice: paying attention to inequalities in the causes, burdens of addressing and experience of impacts.
- Procedural justice: ensuring participatory, accessible, fair and inclusive processes to address climate change.
- Recognition justice: centring voices of those who have historically been marginalised, such as First Nations in Australia.
- Reparative or corrective justice: considering what actions are necessary to redress and repair harms caused
Co-curriculums are learning activities and experiences that extend beyond the formal academic programs while complementing them. In legal education, co-curricular programs often focus on professional practice, skills development, and addressing contemporary issues. Climate and sustainability co-curricular programs have gained prominence in higher education in the last decade. They aim to enhance students’ understanding of climate-related issues, build skills for assisting clients affected by climate change or hoping to create positive climate impact and encourage students to reflect on current climate-related laws and policies through bridging theoretical learning with practical experience.