Guest blog post: Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions

  On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The case was filed by 45 residents in Yokosuka City, Kanagawa Prefecture in 2019. The residents sought an injunction to block the construction of 2 coal-fired power plants (CFPPs) which had been […]

Guest Blog Post: UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. If / when the Treaty is adopted and enters into force, it will have a significant impact on corporate liability. The […]

ITLOS and the importance of (getting) external rules (right) in interpreting UNCLOS

The Advisory Opinion handed down by the International Tribunal for the Law of the Sea (ITLOS) on 21 May 2024 is truly remarkable. Its clarification that all anthropogenic greenhouse gas (GHGs) emissions, from any source, constitute marine pollution has potentially far-reaching consequences. Under the United Nations Convention of the Law […]

A Small but Important Step: A Bird’s-Eye View of the ITLOS’ Advisory Opinion on Climate Change and International Law

Introduction ‘Historic’ and ‘unprecedented’ are two adjectives that could easily apply to the advisory opinion rendered by the International Tribunal for the Law of the Sea (ITLOS) on May 21, 2024. Of course, these adjectives have also been used to describe many other recent judgments delivered on the topic of […]

The ITLOS Advisory Opinion and Marine Geoengineering: More Questions, Few Answers

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) released its long-awaited advisory opinion on climate change. The opinion was requested in 2022 by the Commission of Small Island States on Climate Change and International Law, which asked ITLOS to opine on States’ obligations to […]

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 […]

‘Greenwashing by omission? Comparing Repsol Cases in Spain and the UK’

Introduction There has been a common question emerging in recent greenwashing cases across Europe: to what extent must companies provide a holistic impression of their business in their advertisements? Companies that highlight only the sustainable or ‘green’ parts of their businesses have come under fire from consumers, NGOs and rival […]