In the recent session of Peru’s Congress, the Andean, Amazonian, Afro-Peruvian, Environmental, and Ecological Affairs Committee approved Legislative Reports advocating for nature’s legal recognition as a rights-bearing entity. These reports establish specific legal protections to ensure nature’s existence, natural development, regeneration, restoration, and evolution. In light of this development, this […]
Climate Litigation
270 posts
Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the […]
In recent years, climate litigation has witnessed a surge in cases across the world. While scholarly interest has predominantly focused on cases from the Global North, attention to litigation originating in the Global South has been lacking, yet crucial in understanding the broader climate litigation landscape. Today, the Sabin Center […]
On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its much anticipated Advisory Opinion on Climate Change. Other blog-posts have already dealt with various aspects of the Advisory Opinion (see, for instance, here and here), including the Tribunal’s approach to interpreting the United Nations […]
A long-standing conundrum of international environmental law is that the territorially-based, sectoral legal structures we have created to address environmental issues do not match the interconnected, interdependent nature of ecosystems. For many, this problem is writ large in the climate context. Whereas the science—synthesized in recent assessments and special reports […]
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered a long-awaited Advisory Opinion on climate change and international law. This marks the first time that an international tribunal has issued an advisory opinion on State obligations regarding climate change mitigation. The Advisory Opinion addresses […]
On 9 April the European Court of Human Rights (ECtHR) issued its first ever comprehensive decision in a climate litigation case. The judges of the Court’s Grand Chamber found that Switzerland was in breach of its positive obligations to protect the health, well-being and quality of life of Swiss citizens from the […]
A Missed Opportunity or the First of Many Decisions to Come? The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium—both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. While redress […]