How Do You Like Your Coffee? Green!
More than two billion cups – that is the global amount of coffee we are consuming every day. Notwithstanding its value as a culinary treat and a remedy for staying...
Back to the Future: Viewing Emerging Climate Risk Through a Precautionary Lens
This piece explores the utility of the precautionary principle as a tool available to investment tribunals tasked with assessing measures adopted by States to address climate-related risks. To date, little...
Bridging Jurisprudence and Ecology
Earlier this year, the United Nations General Assembly filed a request for an advisory opinion from the International Court of Justice following the adoption resolution on 29 March. The request...
The Stateless Paradox
Climate change poses many challenges for International Law. One issue that has become the subject of much discussion in both academic discourse and in political practice is the unique situation...
Why a Court Alone Won’t Bring Us to Heaven
On 27 September 2023, the case of Duarte Agostinho and Others v. Portugal and 32 Others (no. 39371/20) was heard by the Grand Chamber of the European Court of Human...
Children as Agents of Change
The Committee on the Rights of the Child (Committee) has recently published its new General Comment No. 26 (GC26) on Children’s rights and the environment with a special focus on...
- Progress and International Law: A Cursed Relationship?
Towards an (Im)possible Polis: Legal Imagination and State Continuity
Thomas Baty once quipped that ‘[i]nternational law, it is generally agreed, has something to do with states’. By opening The Canons of International Law in this manner, Baty draws our...
- Progress and International Law: A Cursed Relationship?
Progress and Linear Time: How to Rethink International Law to Account for Ecologically Precarious Presents?
We live in the ‘era of global boiling’, says UN Secretary-General Guterres, as July 2023 set to be the hottest month on record. While the ecological conditions of planetary life...
Protecting Human Rights During the Climate Crisis
This blogpost was inspired by a question that arose in an international climate case concerning emissions reductions obligations under human rights law. During the oral proceedings of KlimaSeniorinnen and Others...
International Problems Require International Answers
This year, the European Court of Human Rights (ECtHR) is expected to deal with several climate change cases, through which the complainants seek to hold their countries of origin responsible...
Sea-Level Rise at the Security Council
In what has been termed a ‘signature event’ of the Maltese Presidency of the United Nations Security Council (the Council), the latter held an open debate on the implications of...
A Court, Not a Policymaker
On Wednesday, under the eyes of great public interest, the Grand Chamber of the European Court of Human Rights (ECtHR) opened a chapter to what may become the ECtHR’s greatest...
Post-COP27 Thoughts on Greening the Cape Town Convention
In June 2022, the governing council of UNIDROIT, a Rome-based intergovernmental organization with the objective to harmonize international private law across countries through uniform rules, discussed proposals for their upcoming...
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...