The Significance of Cases in the Public Interest
Environmental justice and groups that are particularly sensitive to the environment benefit enormously from the environmental public interest litigation system, which was pioneered by the United States and later promoted worldwide (Gill, 2012).
It gives people and environmental organisations a legal basis to take on big businesses that are acting irresponsibly and fight back against degradation of the environment. This legal framework encourages open decision-making on environmental protection matters and raises public understanding of related issues.
Human Rights
Public-interest litigation has always included the human rights approach as a crucial element. Notwithstanding the numerous obstacles it presents, particularly in Europe, this approach is the most appropriate for pursuing structural change and safeguarding the values found in national constitutions.
PILs have made it possible for several social groups and public-spirited individuals in India to bring legal action against governments for transgressions such as pollution, child abuse, bonded labour, exploitation of temporary workers, adulteration of food, and disruption of the natural order. The conventional principle of "locus standi," which holds that only the party whose rights are violated may petition the courts for remedies, is suspended in the case of PILs.
Justice for the impoverished, members of racial minorities, and regular people who were previously underrepresented in the judicial system has been secured through the success of such cases. Furthermore, they have contributed to making sure businesses follow fair working practices and that customers are not tricked into purchasing dangerous or inappropriate goods.
Justice for the environment
The equitable distribution of environmental quality among various socioeconomic groups is referred to as environmental justice. The inspiration for this idea came from research conducted in the United States in the 1970s, which revealed that hazardous waste sites were frequently found in underprivileged and minority neighbourhoods.
People who live in such places are disproportionately exposed to environmental hazards, such as drinking water tainted with lead or being adjacent to a coal power station that produces soot. Furthermore, it's possible that they won't have access to the same data regarding these dangers.
Individuals and environmental organisations can use environmental public interest litigation to hold companies guilty of environmentally irresponsible behaviour accountable. China has put a lot of effort into creating a range of environmental protection measures, including the environmental public interest litigation mechanism, after being inspired by forward-thinking Western nations. However, this system has to be significantly improved in a number of areas. For example, it is crucial to make sure that the judiciary's role in policing and resource concentration is balanced with the involvement of civil society and a range of options.
Customer Defence
Based on the rights and ideals inscribed in their fundamental constitution, public interest litigation is an essential instrument for the underrepresented members of society to fight against majoritarian oppression or inaction. It is crucial to give the voices of the most disadvantaged and impoverished members of the community a platform in the judiciary.
By exposing polluters to health risks and ecological damage, it serves as a significant tool for environmental justice by empowering citizens to act as private solicitors general against those who refuse to take responsibility for their pollution. In this sense, China's environmental public interest lawsuit has evolved from nonexistent to existing and has helped to mitigate environmental crises, but there are still a number of areas in which it has to be strengthened.
It can shield customers from dishonest business tactics, subpar goods, and unauthorised access to their personal information. Additionally, it can assist in addressing discrimination in the workplace due to age, gender, racism, or handicap.
Workplace
Those with disabilities or whose health is being harmed by environmental pollution, those seeking government benefits or battling evictions and foreclosures, families dealing with domestic abuse, or immigrants facing deportation proceedings can all benefit from the assistance of public interest lawyers. Additionally, they can defend the rights of customers by working to recover money for them when they have been misled into purchasing defective or inappropriate goods.
Students studying law, like Stacie Pavao '18, find internships in a variety of public interest contexts during the summer and academic year, such as local government, advocacy organisations, district attorneys' offices, and federal and state prosecution offices. After earning their degree, they can even decide to pursue a career in public service. Nonetheless, it is not unusual for these solicitors to go back into private practice. Additionally, they can continue to advocate for the subjects they are passionate about by volunteering or joining committees within their own association.