270 posts

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 […]

‘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 […]

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 […]

Guest Blog: The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Over the last few years, a unique collaboration involving the American Bar Association (ABA), the International Bar Association (IBA), the Brazilian Bar Association (OAB), […]

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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 […]

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KlimaSeniorinnen and the Choice Between Imperfect Options

Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” This is, as Niklas Luhmann observed, the paradoxical blend that modern democracies impose on citizens, inviting either utopianism or fatalism. Disillusionment with the […]

A Comparative Analysis of the SEC’s Climate Disclosure Proposal

This piece previously appeared in the CLS Blue Sky Blog. In the global effort to protect the earth’s climate, the pace of regulation is rivaled only by the speed of technological innovation. What seemed improbable just a few years ago – requiring large companies to measure and report annual greenhouse […]