Remove 2019 Remove Law Remove Precautionary Principle
article thumbnail

Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

Law Columbia

Applicable Law to the ITLOS Advisory Opinion The applicable law for the ITLOS advisory proceedings is determined by Article 293 of UNCLOS. Second, it explains the link between climate change and UNCLOS by summarizing UNCLOS’ central provisions for the ITLOS to answer the questions raised.

article thumbnail

Climate Litigation and Children’s Rights: Unpacking the CRC’s New General Comment

Law Columbia

The consultation, which was part of the first drafting phase of the GC, included a thematic workshop with several experts on climate change law, climate change litigation, and their intersection with the rights of children. 11 GC26), with due regard to the precautionary principle (IV. Background Sacchi et al. Argentina et al.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Rights of Nature — Can an Ecosystem Bear Legal Rights?

Law Columbia

According to the “Rights of Nature” doctrine, an ecosystem is entitled to legal personhood status and as such, has the right to defend itself in a court of law against harms, including environmental degradation caused by a specific development project or even by climate change. The case is pending a decision. Peru : Alvarez et al v.

article thumbnail

Guest Commentary: An Unexpected Success for Czech Climate Litigation

Law Columbia

The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. R ), which was created in 2019 to bring this case. On mitigation measures.

article thumbnail

Guest commentary: A ground-breaking judgment in Germany

Law Columbia

To achieve the 2030 target the law determines the permissible emissions for various sectors. For the period after 2030 the law requires that the government determines annually decreasing emissions levels. 2 and 8 ECHR; the Irish Supreme Court meticulously confined itself to assessing the requirements of Irish climate law.

2030 46
article thumbnail

October 2019 Updates to the Climate Case Charts

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Pursuant to a consent order, the remand order will not be entered until October 10, 2019. and non-U.S. climate litigation charts. FEATURED CASE. BP p.l.c. ,

2019 40
article thumbnail

February 2020 Updates to the Climate Case Charts

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.

2020 40