International

279 posts

Climate Change, Health Impacts, and State Obligations under International Law

  The Sabin Center has recently published two reports on the connection between climate change, health impacts, and State obligations under international law. These reports are aimed at providing insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on climate change, […]

More than a Sink: The ITLOS Advisory Opinion on Climate Change and State Responsibility

The oceans absorb large quantities of the carbon dioxide emitted by human activities. This “sink” function is so significant that, until 1957, one objection to a causal link between anthropogenic emissions and global warming was that the oceans would absorb most of the excess CO2, thus breaking this link. That […]

Finding Light in Dark Places: Specific Obligations for Climate Change and Ocean Acidification Mitigation

  Can the new advisory opinion interpreting the United Nations Convention on the Law of the Sea (UNCLOS) move us beyond the lethargy of unmet climate change policy needs? The International Tribunal for the Law of the Sea (the Tribunal, ITLOS) established the gravity of this question by stating that […]

Guest blog post: Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions

  On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The case was filed by 45 residents in Yokosuka City, Kanagawa Prefecture in 2019. The residents sought an injunction to block the construction of 2 coal-fired power plants (CFPPs) which had been […]

Guest Blog Post: UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. If / when the Treaty is adopted and enters into force, it will have a significant impact on corporate liability. The […]

ITLOS and the importance of (getting) external rules (right) in interpreting UNCLOS

The Advisory Opinion handed down by the International Tribunal for the Law of the Sea (ITLOS) on 21 May 2024 is truly remarkable. Its clarification that all anthropogenic greenhouse gas (GHGs) emissions, from any source, constitute marine pollution has potentially far-reaching consequences. Under the United Nations Convention of the Law […]

A Small but Important Step: A Bird’s-Eye View of the ITLOS’ Advisory Opinion on Climate Change and International Law

Introduction ‘Historic’ and ‘unprecedented’ are two adjectives that could easily apply to the advisory opinion rendered by the International Tribunal for the Law of the Sea (ITLOS) on May 21, 2024. Of course, these adjectives have also been used to describe many other recent judgments delivered on the topic of […]