June 28, 2022 | less than a minute read

Unjust Enrichment: A Disputes Mechanism to Rebalance Climate Change-Linked Gains?

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Razzaq Ahmed

Associate

Get in touch

Razzaq Ahmed

Associate

The increasing focus on environmentally sustainable business and climate change has thrown a spotlight on conduct and profits in industries seen as direct and indirect contributors to the global problem of climate change. In this article, Razzaq Ahmed and Imogen Winfield discuss the applicability of the “unjust enrichment” claim, how it has been used in international climate change litigation to date, its intersection with Environmental, Social and Governance (ESG) and the conduct of large multi-national corporations.

Provided the necessary components are established, unjust enrichment claims could prove to be a valuable tool in the absence of (or alternative to) statutory, contractual or tortious causes of action, to redress the balance between those contributing to the climate crisis and those paying the price.

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