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Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

ClimateChange-ClimateLaw

The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. In this case, environmental and human rights organizations, including Greenpeace and Oxfam (“the plaintiffs”), had taken legal action against the Government of Spain, alleging inadequate action on climate change.

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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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A look back at significant decisions in climate litigation in 2022

ClimateChange-ClimateLaw

As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. The strategy required the UK Government to set and meet legally binding targets to reduce carbon emissions. By Maria Antonia Tigre. the Netherlands.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

This post examines the reform and highlights the important changes it introduces to the Italian legal system. The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Rights-based climate litigation has been increasing substantially in recent years.

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Reparation for Climate Change at the ECtHR

ClimateChange-ClimateLaw

Yet, it is the ruling of the ECtHR, delivered in the context of a dispute brought by individuals and a legal person, that had the greatest potential to develop the law in respect of reparations for climate change. Those opinions will naturally be circumscribed by the respective areas of jurisdiction of these courts and tribunals.

Court 105
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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. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Guest Commentary: Lessons from the Belgium Climate Case: the devil is in the details

ClimateChange-ClimateLaw

In this commentary, we recall the background of the case, provide context to the Tribunal’s decision, and shed light on the case’s takeaways for global climate litigation. The Tribunal’s use of Aarhus to broadly interpret standing is a promising development for climate litigation in other States parties to this Convention.