Among the various legal instruments aimed at protecting human rights in the face of the climate emergency, few require as much interpretative effort as the right to science. Traditionally situated within the realm of programmatic obligations and often associated with promoting technical progress and disseminating scientific information, this right has occupied a […]
Climate Litigation
305 posts
The International Court of Justice’s (ICJ’s) advisory opinion on Obligations of States in Respect of Climate Change has been celebrated as marking the start of a “new era of climate reparations.” The question of how the ICJ engaged with reparations has already been examined in two other posts in this […]
This is Part Two of a two-part blog series that examines the impact of federal grant termination litigation on the Inflation Reduction Act’s Greenhouse Gas Reduction Fund (GGRF). Part One, which covers recent Supreme Court orders that have shaped the D.C. Circuit’s consideration of the GGRF case, can be accessed […]
One of the most profound findings in the International Court of Justice’s (ICJ’s) climate change advisory opinion (AO) is that State obligations to mitigate climate change to a level that holds warming to the Paris Agreement’s 1.5oC threshold are spread out over the large canvas of international law, including United […]
The climate reparations debate seeks justice for states, communities, and individuals suffering from the unjust distribution of climate-related harms. This debate can be usefully informed by lessons from the field of ‘transitional justice’, i.e., the body of scholarship and practice concerned with how societies respond to the legacies of massive […]
*This is Part One of a two-part blog series that examines the impact of federal grant termination litigation on the Inflation Reduction Act’s Greenhouse Gas Reduction Fund (GGRF). At the time of this post, the U.S. Court of Appeals for the D.C. Circuit has just issued a decision in Climate […]
As the realities of climate change become increasingly dire, communities worldwide face devastating impacts, from rising sea levels to extreme weather events, disproportionately affecting those who have contributed the least to greenhouse gas (GHG) emissions. In this context, impacted individuals and communities are increasingly seeking recourse in international and regional […]
The International Court of Justice’s (ICJ’s) Advisory Opinion on Climate Change arrived with force. Given its far-reaching implications, there is no doubt that the opinion now will be subject to conflicting interpretations. In this post, I highlight the interpretive compass that the opinion supplies to those who will now interpret […]