JURIST

JUNE 20, 2021

Brussel’s first court of instance ruled on Friday that Belgium has failed to meet its climate obligations, and that its failure amounts to a violation of human rights under the Belgian Civil Code and article 2 and 8 of the European Convention of Human Rights.

Court Rules 223

Court Rules Court Diligence Legal 223

ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

On June 20, 2023, the Spanish Supreme Court handed down its final ruling in the case of Greenpeace v. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation. Under Annex 1 of the EU Regulation, by 2030, Spain must have reduced its GHG emissions by 37.7%

Litigation 137

Litigation Litigating Government Drafting 137

ClimateChange-ClimateLaw

APRIL 9, 2024

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.

Litigation 137

Litigation Litigating Court Government 137

ClimateChange-ClimateLaw

DECEMBER 22, 2022

2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the responsibilities of stakeholders for climate mitigation and adaption. Courts in the Czech Republic and the United Kingdom have provided oversight of government climate mitigation actions.

Litigation 127

Litigation Litigating Government Court 127

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Introduction.

Litigation 52

Litigation Litigating Laws Court 52

ClimateChange-ClimateLaw

APRIL 8, 2022

Prior to the reform, constitutional environmental protection was developed in the case law of the Constitutional Court. Climate litigation cases that rely on human rights have achieved some success in Europe and beyond and prompted courts to demand increased ambition from governments. 179/2019 ). For example, in Urgenda Foundation v.

Litigation 96

Litigation Litigating Government Legal 96