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 […]
International
292 posts
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), […]
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 […]
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 […]
Negotiations at the 28th meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP28) in Dubai, UAE, wrapped up early last week. Much has been written about the “UAE Consensus” that was adopted on the final day of COP28 and met with mixed […]
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 […]
Last week, the Sabin Center’s Peer Reviewer Network provided a detailed comment in response to the African Commission on Human and Peoples’ Rights’ Call for Comments on the draft study concerning the impact of climate change on human rights in Africa. The comment offers recommendations to strengthen the draft study’s […]
In a blog post last month, I wrote about the growing interest in ocean-based carbon dioxide removal (CDR), and the complex legal issues it raises. Much of the legal complexity surrounding ocean CDR stems from the fact that the ocean is a shared resource in which all countries, both coastal […]