By Pedro Cisterna-Gaete and Maria Antonia Tigre In March 2022, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) jointly published Resolution No. 3/21, entitled Climate Emergency: Scope of Inter-American human rights obligations. The resolution’s purpose is […]
climate litigation
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By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. The proposed constitutional bill, already approved […]
By Isabela Soares Bicalho, Gabriel Mantelli, Maria Antonia Tigre and Carmem Añon Brasolin On March 30, 2022, the Brazilian Supreme Court, the most important judicial body in the country, will hear seven cases, and all of them are environmental cases. This is an atypical situation in the Brazilian context: having […]
By Prof. Muhammed Tawfiq Ladan, Phd* Background Countries around the world have increasingly adopted climate change laws over the last two decades. This is partially attributable to the dynamism in international climate negotiations but also a growing appreciation of the crucial role that national laws and policy measures play. Legislative […]
By Korey Silverman-Roati Background Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. […]
Climate Litigation in Latin America and the Caribbean: launching a regional Platform for Climate Litigation By Maria Antonia Tigre, Florencia Ortúzar, Javier Dávalos With the largest rainforest in the world, the largest freshwater reserves on the planet and the most significant amount of arable land where food is produced, the […]
A look back at significant decisions in climate litigation in 2021 By Maria Antonia Tigre 2021 was a significant year for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. The verdicts have shown that courts increasingly recognize climate change as a human […]
IEA v. Brazil: When a court accepts the legally disruptive nature of climate change By Maria Antonia Tigre, Délton Winter de Carvalho and Joana Setzer On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should […]