Rockhopper v. Italy and the Tension between ISDS and Climate Policy
On 23 August 2022, a Tribunal constituted under the auspices of the Energy Charter Treaty (ECT) handed down a long-awaited Award in the case of Rockhopper v. Italy. The investor’s...
Rising Before Sinking: The Landmark Decision of the UN Human Rights Committee in Daniel Billy et al. v. Australia
In its groundbreaking views on Billy et al. v. Australia the UN Human Rights Committee found that Australia failed to adequately protect members of an indigenous community present in four...
Dealing with Loss and Damage at COP27
The fact that the topic of "loss and damage" was placed at the top of the agenda in the run-up to COP27 in Sharm El-Sheikh is a climate diplomacy milestone....
Legal and Judicial Responses to Disaster Displacement in Italy, Austria and Sweden
Climate change and the growing climate crisis are expected to force more and more people to leave their homes. EU law and policy, however, do not explicitly address disaster displacement,...
Tiptoeing Around the Right to Life
When the UN Human Rights Committee published its views on the case of Billy et al. v. Australia (Torres Strait Islanders) on September 23rd 2022, it made history as the...
Intergenerational Justice: From Courtroom to Politics?
How to think long term in a short-term world? This is the question at the heart of Roman Krznaric’ book ‘The Good Ancestor’. Long-term thinking implies taking future generations into...
Germany’s “Fair Share” of Climate Change Jurisprudence
Germany has now its own landmark climate case. In its recent decision on the Climate Protection Act (CPA), the Constitutional Court did not follow all of the claimant’s submissions and...
The impacts of climate change on the humanitarian system: towards truly long-term cooperative action
On 1 December 2020, the German Federal Foreign Office hosted one of five virtual launches of the 2021 Global Humanitarian Overview (GHO) in Berlin. The GHO, which is published annually...
Climate migrants – How German courts take the environment into account when considering non-refoulement
In a recent landmark decision concerning an Afghan national a German Higher Administrative Court declared a ban on deportation (non-refoulement) based on German immigration law in conjunction with international human...
Quand le vin est tiré, il faut le boire
Ansonsten drohen Konsequenzen, wie sich jetzt in einem Gerichtsverfahren vor dem Tribunal Administratif de Paris (Pariser Verwaltungsgericht) zeigte. 2018 haben sich Oxfam, Notre Affaire à Tous, Fondation pour la Nature et...