Climate Litigation

265 posts

Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe

In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. (Citizens’ Committee on the Kobe […]

Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Collectively, these cases are known as climate liability cases or climate deception cases. On April 24, the U.S. Supreme Court […]

Climate Change and the Law: Sabin Center launches report on legal issues to be analyzed by International Court of Justice

The International Court of Justice (ICJ) is inviting all U.N. Member States to submit their views on the legal issues relevant to climate duties and obligations. To help States make these submissions, Columbia Law School’s Sabin Center for Climate Change Law has just released its Status Report on Principles of […]

Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

The advisory opinion request to the International Tribunal for the Law of the Sea (ITLOS) on State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS, Convention) to prevent, reduce, and control pollution of the marine environment from climate change, and to protect and preserve […]

The Advisory Jurisdiction of the ITLOS in the Request Submitted by the Commission of Small Island States

On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]

The ICJ’s Advisory Opinion on Climate Change: What Happens Now?

  Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change. The UNGA adopted resolution (A/77/L.58) […]

Climate Docket and the Future in the Case Law of the European Court of Human Rights

Adjudication typically looks backward: it runs after the facts. This is also true for human rights adjudication and the activity of the European Court of Human Rights (ECtHR). The ECtHR was built on the idea that individuals who suffered (past tense) or suffer (present tense) violations of the rights and […]