Climate Litigation

316 posts

What the Court Didn’t Say: The ICJ’s Climate Opinion and the Politics of Judicial Restraint

The advisory opinion of the International Court of Justice (ICJ) on the Obligations of States in Respect of Climate Change has already been hailed as a historic contribution to the evolving body of case-law on climate-related international law. The opinion was described as a “historic legal victory for small island […]

World’s Highest Court Embraces the Right to a Healthy Environment

For the second time in a month, one of the world’s highest judicial authorities has issued an advisory opinion on the climate crisis that highlights the importance of the human right to a clean, healthy and sustainable environment. Echoing the Inter-American Court of Human Rights in its Advisory Opinion 32/25, […]

Enhanced Due Diligence: A New Legal Standard for Climate Action in the Inter-American System

Advisory Opinion 32/25 (AO-32/25)  of the Inter-American Court of Human Rights (IACtHR) marks a turning point in the interpretation of international human rights law in relation to climate change. In AO-32/25, the IACtHR recognizes that the world is facing a genuine climate emergency and affirms that this situation demands an […]

Corporations, Climate, and the Court: New Directions for Business and Human Rights in AO-32/25

Corporations, especially those engaged in fossil fuel production, agriculture, construction, and transportation, play a significant role in the climate crisis and in its human rights impacts. Holding businesses responsible for their human rights and environmental harms has been a perennial challenge that has become increasingly acute in the climate crisis. […]

Protecting Rights in the Anthropocene: How the Inter‑American Court’s Right to a Healthy Climate Pushes the Boundaries of Human Rights Law

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued its long-awaited Advisory Opinion No. 32 (AO-32/25) on the “Climate Emergency and Human Rights” (the official English translation can be found here; for an overview of the decision’s key elements, see here). A broad group of States, communities, […]

Addressing Accountability in the IACtHR’s Advisory Opinion: The Question of Reparation and Loss and Damage 

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) delivered a historic advisory opinion regarding States’ obligations in relation to the climate crisis (AO-32/25). The IACtHR was particularly articulate in qualifying States’ obligations under the right to a healthy environment as having a jus cogens nature (paras. 287ff), […]

Reproductive Rights and the Climate Crisis: The Omission of the Inter-American Court in AO-32/25

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published its long-awaited Advisory Opinion 32/25 (AO-32/25). The Opinion responds to a 2023 request from Colombia and Chile, asking the IACtHR to clarify the scope of States’ obligations to address the climate emergency under international human rights law. While […]

The Bloom of Nature’s Rights: On the IACtHR’s Recognition of Nature’s Legal Personality in AO-32/25

The Inter-American Court of Human Rights’ (IACtHR) advisory opinion on human rights and the climate emergency (AO-32/25) addresses numerous dimensions of the climate crisis, setting an important precedent for the protection of our planet. This post focuses on one particularly significant development: the IACtHR’s recognition of Nature as a subject […]