The exploitation of fossil fuels by the wealthiest countries has enabled these countries and their corporations to experience economic development and prosperity. However, it has led to a crisis of inequality whereby those who have contributed the least to the climate change crisis suffer the most and are less able to afford costly adaptation measures.

The global community must address this distributive injustice. One way of doing so is through the implementation of the principle of solidarity. Those countries, corporations and population groups who have benefited most and are best placed to finance and execute the necessary mitigation and adaptation action required to tackle the climate crisis must act in solidarity with those who have contributed the least but suffer the most.

The principle of solidarity is manifested in at least ten ways in international climate action, climate law and climate litigation. Four of these are directly relevant to the crisis of inequality and distributive injustice.

First, solidarity amongst nations requires those states with increased responsibilities and capabilities – historically, states who have benefited most from the exploitation of fossil fuels – to take the lead in climate action. This action must be taken in order to support and benefit those states with lesser responsibilities and capabilities.

Second, solidarity in support is shown by developed countries providing direct support for developed countries. This allows developing countries, which historically have not benefited financially from fossil fuel industries, to increase their ambition in climate mitigation and their capacity for climate adaptation.

Third, solidarity as a reflection of intra-generational equity and climate justice extends beyond state actors to corporations and civil society and requires those actors with increased responsibilities and capabilities to support those who are less able and those who are more vulnerable to the effects of the climate crisis. This is also a reflection of the polluter pays principle, as those who are more responsible for the greenhouse gas emissions which have caused the climate crisis are required to act in solidarity with those who are most affected by their actions.

Fourth, inter-generational solidarity requires current generations to take climate mitigation and adaptation action for the benefit of younger, and future, generations. Based on current trends in climate change, future generations will have to suffer the devastating effects of climate crisis caused by actions taken today.

This lecture will explain how the implementation of these facets of solidarity will contribute to mitigating climate injustice, referencing relevant cases to illustrate the solidarity action required.

About the speaker

The Hon. Justice Brian J Preston AO FRSN SC

Justice Preston is the Chief Judge of the Land and Environment Court of New South Wales. Prior to being appointed in November 2005, he was a senior counsel practising primarily in New South Wales in environmental, planning, administrative and property law. He has lectured in post-graduate environmental law for over 30 years. He is the author of Australia’s first book on environmental litigation and 164 articles, book chapters and reviews on environmental law, administrative and criminal law. He holds numerous editorial positions in environmental law publications and has been involved in a number of international environmental consultancies and capacity-building programs, including for judiciaries throughout Asia, Africa and the European Union.

Justice Preston is an Official Member of the Judicial Commission of NSW, Fellow of the Australian Academy of Law, Fellow of the Royal Society of NSW and Honorary Fellow of the Environment Institute of Australia and New Zealand. He was awarded a Doctor of Letters (honoris causa) by Macquarie University in 2018 and a Doctor of Laws (honoris causa) by Western Sydney University in 2022. He is a member of various international environmental law committees and advisory boards, including serving on the Governing Council and as Vice President for Oceania of the Global Judicial Institute on the Environment and as Chair of the Environmental Law Committee of the Law Association for Asia and the Pacific (LAWASIA).

Justice Preston was recognised with the Award for Excellence - Outstanding Contribution to Environmental Law by the Law Council of Australia’s Legal Practice Section in 2021. In 2023, he was awarded the Medal of Honour by the World Jurist Association at the United Nations in New York and was granted Life Membership by LAWASIA. He was appointed as an Officer of the Order of Australia (AO) in the Australia Day Honours List 2025.

Justice Preston is currently a Visiting Professor at Durham University (UK), an Adjunct Professor at three Australian universities, the University of Sydney, Western Sydney University and Southern Cross University, and a former Visiting Fellow at Corpus Christi College and Magdalen College at Oxford University (UK).