Climate Litigation

247 posts

Recognition of Nature’s Rights: A Crucial Step in Peruvian Climate Litigation with a Human Rights Approach

In the recent session of Peru’s Congress, the Andean, Amazonian, Afro-Peruvian, Environmental, and Ecological Affairs Committee approved Legislative Reports  advocating for nature’s legal recognition as a rights-bearing entity. These reports establish specific legal protections to ensure nature’s existence, natural development, regeneration, restoration, and evolution. In light of this development, this […]

Federal Court Refuses to Halt Construction of Revolution Wind Project

Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the […]

New Sabin Center Report Maps Climate Cases in the Global South

In recent years, climate litigation has witnessed a surge in cases across the world. While scholarly interest has predominantly focused on cases from the Global North, attention to litigation originating in the Global South has been lacking, yet crucial in understanding the broader climate litigation landscape. Today, the Sabin Center […]

‘Relevant Rules’ as Normative Environment: Harmony vs Cacophony in the ITLOS Advisory Opinion on Climate Change

On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its much anticipated Advisory Opinion on Climate Change. Other blog-posts have already dealt with various aspects of the Advisory Opinion (see, for instance, here and here), including the Tribunal’s approach to interpreting the United Nations […]

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 […]

The ITLOS Advisory Opinion on Climate Change: An introduction into the joint blog symposium

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered a long-awaited Advisory Opinion on climate change and international law. This marks the first time that an international tribunal has issued an advisory opinion on State obligations regarding climate change mitigation. The Advisory Opinion addresses […]

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 […]