On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]
Climate Litigation
244 posts
Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change. The UNGA adopted resolution (A/77/L.58) […]
Adjudication typically looks backward: it runs after the facts. This is also true for human rights adjudication and the activity of the European Court of Human Rights (ECtHR). The ECtHR was built on the idea that individuals who suffered (past tense) or suffer (present tense) violations of the rights and […]
In October 2022, French environmental NGOs Notre Affaire à Tous, Les Amis de la Terre, and Oxfam France sent a notice of intent to sue BNP Paribas. Considering the answer by BNP Paribas, sent on January 24, 2023, as largely insufficient and unsatisfactory, the NGOs brought a suit before the […]
After the initial buzz that follows a winning climate change case, it can be difficult to measure its real-life impact. Many have questioned whether public interest litigation in general, and climate cases in particular, can effect meaningful and lasting change. The answer is probably “it depends.” If launched at the […]
On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on […]
On February 9, 2023, ClientEarth filed a derivative action against the Board of Directors of Shell at the High Court of Justice in England and Wales (ClientEarth v. Shell’s Board of Directors). The lawsuit alleges that the Board has failed to manage material and foreseeable climate risks, therefore breaching UK […]
By Maria Antonia Tigre & Juan Sebastian Castellanos In December 2021, the Sabin Center launched the Peer Review Network of Global Climate Litigation (Network), through which practitioners and scholars from the around the world act as “rapporteurs” for their jurisdictions, helping to update and maintain the Global Climate Change […]