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KlimaSeniorinnen and the Question(s) of Causation

    In Verein Klimaseniorinnen Schweiz and Others v Switzerland (“KlimaSeniorinnen”), the European Court of Human Rights (ECtHR) makes many general statements about the nature of climate change and different actors’ roles in addressing it. For example, ‘the Court notes that climate change is one of the most pressing issues […]

Are sustainable finance metrics up for the volatility of the transition to net zero? A new working paper investigates

In recent years, climate experts and even regulators have increased attention on the financial sector as a driver of both emissions and capital formation in the low-carbon economy. There has been growing emphasis on “aligning” capital allocation by financial institutions to the transition to net zero greenhouse gases (GHG) in […]

International Trade and “Embedded Emissions” after KlimaSeniorinnen: The Extraterritoriality of Climate Change Obligations

A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. While most international climate agreements focus on the reduction […]

Separation of Powers and KlimaSeniorinnen

Amid governments’ unwillingness to effectively curb climate change, the European Court of Human Rights (ECtHR) has delivered a bold judgment in favor of a viable future for all in the case KlimaSeniorinnen and Others v. Switzerland (“KlimaSeniorinnen”). The ruling made judicial history. Many claim for the better, as it’s widely […]

The European Court of Human Rights’ April 9 Climate Rulings and the Future (Thereof)

Across Europe, activists of all ages have taken to the streets to pressure their governments to take effective action against climate change. As domestic decision-makers failed them, they knocked at Strasbourg’s door. Three generations of right-holders turned to the European Court of Human Rights (ECtHR): senior women, young citizens, and […]

The Paris Effect: Human Rights in Light of International Climate Goals and Commitments

The judgment of the European Court of Human Rights (ECtHR) in the case Verein KlimaSeniorinnen v. Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in […]

To Protect New Fossil Fuel Waste Rule, BLM Cuts 95% of its Climate Benefits

In November of 2022, when the Department of the Interior’s Bureau of Land Management (“BLM”) proposed new rules  to control venting, flaring, and leaks from oil and gas leases on federal land (the “Fossil Fuel Waste Rule”), they noted that these leasing rules would have an enormous ancillary climate benefit. […]

Legal Issues in Oceanic Transport of Carbon Dioxide for Sequestration: Sabin Center Launches New Report

A new report published today by the Sabin Center examines the laws governing international transport of carbon dioxide for sequestration. We focus, specifically, on the shipping of carbon dioxide that was captured in Europe to the United States for sequestration there. Much of the report would also be relevant to […]