Cross-cutting Issues

388 posts

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 […]

Historic and Unprecedented: The ECtHR Upholds Positive Human Rights Obligations to Mitigate Climate Change

The three much-awaited judgments issued by the European Court of Human Rights (ECtHR) on April 9, 2024 are truly historic and unprecedented. In Verein Klimaseniorinnen Schweiz and Others v. Switzerland, the Grand Chamber established that climate change is “one of the most pressing issues of our times” and poses a […]

The Transformation of European Climate Change Litigation: Introduction to the Blog Symposium

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change. In […]

International Governance of Ocean-Based Carbon Dioxide Removal: Recent Developments and Future Directions

Ocean-based carbon dioxide removal (CDR) is attracting increased attention as a possible climate change response strategy. The Intergovernmental Panel on Climate Change (IPCC) has made clear that, while CDR cannot substitute for rapid and deep cuts in emissions, its use is “unavoidable” if the worst impacts of climate change are […]

The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Now that the Securities and Exchange Commission (SEC) has released its final climate disclosure rule, attention has turned to the rule’s implementation and impact. This post is the third in a series of blogs that address specific legal features of the rule: Part One offers a summary of the final […]