Litigating for Individual and Transformative Change-Joss Saunders and Niall Watson (Oxfam)
This seminar will consider practical aspects of strategic litigation from an NGO perspective, in different countries, through the lens of cases on the environmental and a gender justice. The focus is on the strategy, and how the litigation fits into a wider campaigning context. In particular the seminar will focus on the importance of informed consent, especially in view of the dangers to litigants and their communities. Consent is an issue not only before commencement of suit, but also as it progresses. It will conclude by examining what are the tensions between a lawyer representing an individual, and the strategic goal? We will explore these themes across different legal fora, from the formal justice system to customary law and international soft law instruments, particularly concerning access to justice through international processes. Finally, Strategic Litigation Against Public Participation suits will be considered alongside proactive cases.