Cross-cutting Issues

387 posts

Sabin Center Files Amicus Brief Supporting New York City’s Motion to Appeal in Local Law 97 Case

On June 20th, 2024, the Sabin Center filed an amicus brief in support of the City of New York’s Motion for Leave to Appeal to the New York State Court of Appeals in Glen Oaks Village Owners, Inc., et al. v. City of New York. Glen Oaks – a 2022 […]

‘Relevant Rules’ as Normative Environment: Harmony vs Cacophony in the ITLOS Advisory Opinion on Climate Change

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 […]

The ITLOS Advisory Opinion and Marine Geoengineering: More Questions, Few Answers

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) released its long-awaited advisory opinion on climate change. The opinion was requested in 2022 by the Commission of Small Island States on Climate Change and International Law, which asked ITLOS to opine on States’ obligations to […]

Unlocking UNCLOS: How the ITLOS Advisory Opinion Delivers a Holistic Vision of Climate-relevant International Law

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 […]

The ITLOS Advisory Opinion on Climate Change: An introduction into the joint blog symposium

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 […]

‘Greenwashing by omission? Comparing Repsol Cases in Spain and the UK’

Introduction There has been a common question emerging in recent greenwashing cases across Europe: to what extent must companies provide a holistic impression of their business in their advertisements? Companies that highlight only the sustainable or ‘green’ parts of their businesses have come under fire from consumers, NGOs and rival […]

Cities and the IRA’s Green Banks: Strategies for Engagement

In April 2024, the U.S. Environmental Protection Agency (EPA) announced funding recipients for its National Clean Investment Fund (NCIF) and Clean Communities Investment Accelerator (CCIA), two programs established by the 2022 Inflation Reduction Act (IRA). The NCIF and CCIA awards are a step towards implementing the “third leg of the […]

What Does the European Court of Human Rights’ First Climate Change Decision Mean for Climate Policy?

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 […]