The European Court of Human Rights Kick into Touch: Some Comments under Carême v. France

On April 9, 2024, the European Court of Human Rights (ECtHR) ruled on three applications concerning the fight against climate change and the positive obligations of the signatory states of the European Convention on Human Rights (ECHR) in this respect. Two of the applications were declared inadmissible (Duarte Agostinho and […]

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KlimaSeniorinnen and the Choice Between Imperfect Options

Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” This is, as Niklas Luhmann observed, the paradoxical blend that modern democracies impose on citizens, inviting either utopianism or fatalism. Disillusionment with the […]

Mixed Signals for Domestic Climate Law: The Climate Rulings of the European Court of Human Rights

The climate rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) are landmark decisions. However, it is not obvious what they mean precisely for the State parties of the European Convention on Human Rights (ECHR). Have we witnessed, in Verein KlimaSeniorinnen Schweiz, a landslide victory for […]

Illuminating a Path to a Cleaner and More Resilient Energy System in Cuba

Today, the Sabin Center for Climate Change Law and Environmental Defense Fund (EDF) jointly published a new report titled Building a Cleaner, More Resilient Energy System in Cuba: Opportunities and Challenges. The report provides detailed information on the current state of Cuba’s electricity sector and recommends reforms to advance the […]

States’ extraterritorial jurisdiction for climate-related impacts

States’ extraterritorial jurisdiction was one of the hot topics decided by the European Court of Human Rights (ECtHR) in Duarte Agostinho. Strictly speaking, the “lack of it” led the ECtHR to declare the complaint inadmissible with respect to all defendant States except Portugal. This finding is in line with previous […]

The ECtHR’s Klimaseniorinnen Judgment: The Meaning of Carbon Budget within a Wide Margin of Appreciation

The much-awaited European Court of Human Rights (ECtHR) Grand Chamber rulings in three key climate cases have arrived, with two ruled inadmissible (Carême v. France and Duarte Agostinho and Others v. Portugal and 32 Others) and one, brought by senior Swiss women, successful on the merits Verein KlimaSeniorinnen Schweiz and […]