Cross-cutting Issues

315 posts

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Reparation for Climate Change at the ECtHR

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 […]

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KlimaSeniorinnen and Gender

Much has been said already about the decision in KlimaSeniorinnen v. Switzerland granted on Apr 9, 2024 by the European Court of Human Rights (ECtHR or the Court). The Court’s decision was groundbreaking in that it established an obligation to mitigate greenhouse gas (GHG) emissions as a human rights duty, […]

The European Commission’s industrial carbon management strategy: ambitious and risky plans to achieve net-zero

In February, the European Commission published its highly anticipated industrial carbon management strategy. The document outlines the Commission’s plans to build an EU-wide carbon management infrastructure as part of its efforts to decarbonize the industrial sector and achieve negative emissions. This blog post discusses these plans by (i) looking at […]

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KlimaSeniorinnen and the Question(s) of Causation

    In Verein Klimaseniorinnen Schweiz and Others v Switzerland (“KlimaSeniorinnen”), the European Court of Human Rights (ECtHR) makes many general statements about the nature of climate change and different actors’ roles in addressing it. For example, ‘the Court notes that climate change is one of the most pressing issues […]

Are sustainable finance metrics up for the volatility of the transition to net zero? A new working paper investigates

In recent years, climate experts and even regulators have increased attention on the financial sector as a driver of both emissions and capital formation in the low-carbon economy. There has been growing emphasis on “aligning” capital allocation by financial institutions to the transition to net zero greenhouse gases (GHG) in […]

International Trade and “Embedded Emissions” after KlimaSeniorinnen: The Extraterritoriality of Climate Change Obligations

A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. While most international climate agreements focus on the reduction […]

Separation of Powers and KlimaSeniorinnen

Amid governments’ unwillingness to effectively curb climate change, the European Court of Human Rights (ECtHR) has delivered a bold judgment in favor of a viable future for all in the case KlimaSeniorinnen and Others v. Switzerland (“KlimaSeniorinnen”). The ruling made judicial history. Many claim for the better, as it’s widely […]

The European Court of Human Rights’ April 9 Climate Rulings and the Future (Thereof)

Across Europe, activists of all ages have taken to the streets to pressure their governments to take effective action against climate change. As domestic decision-makers failed them, they knocked at Strasbourg’s door. Three generations of right-holders turned to the European Court of Human Rights (ECtHR): senior women, young citizens, and […]