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Belgium court rules Belgium’s failure to meet climate obligations amounts to human rights violation

JURIST

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.

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Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

ClimateChange-ClimateLaw

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%

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Reparation for Climate Change at the ECtHR

ClimateChange-ClimateLaw

The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium —both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. A Missed Opportunity or the First of Many Decisions to Come?

Court 108
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The Transformation of European Climate Change Litigation: Introduction to the Blog Symposium

ClimateChange-ClimateLaw

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.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

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.

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BNP Paribas sued in France for financing fossil fuel companies

Conflict of Laws

In case the company does not comply with its vigilance obligations, a court can issue a formal notice, ordering the company to comply with la Loi de Vigilance. It is important here to highlight that the plaintiffs took Shell to the Dutch courts based on the environmental damage caused in the Netherlands, due to Shell’s operations worldwide.

Finance 40
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A look back at significant decisions in climate litigation in 2022

ClimateChange-ClimateLaw

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.