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What’s at Stake in the ICJ Hearings

Legal Planet

In June 2024, UCLA School of Law’s Promise Institute Europe hosted its first inaugural conference, The Promise of International Law in the Face of Ecological Crises , shortly after the issuance of a highly anticipated advisory opinion from the International Tribunal for the Law of the Sea (ITLOS).

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

Law Columbia

In 2021, the CRC dismissed the complaints since the petitioners had failed to exhaust domestic legal remedies at the national level. That is consistent with the significance of participation as an underlying determinant of health and wellbeing as expressed in international human rights law (see illustratively CESCR General Comment No.

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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.

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The New Environmental and Human Rights Treaty in Latin America and the Caribbean You Should Know About

Acoel

Posted June 3, 2021 by Susan Kath. The Escazú Agreement came into force in April 2021 with 12 ratifications (out of a possible 33) from Latin American and Caribbean countries. The main commitments of the parties coalesce around the principal rights, prescribing quite specific requirements in connection with each right.

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Guest Commentary: Czech Republic-Poland’s dispute over the Turów mine

Law Columbia

Czech Republic v Poland (Mine de Turów, ECLI:EU:C:2021:420, ECLI:EU:C:2021:752, ECLI:EU:C:2022:74 ) concerned the operation of a lignite mine in Poland. In February 2021, the Czech Republic asked the CJEU for interim measures, requesting the immediate closure of the lignite mine. However, Poland did not comply with that order.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

Law Columbia

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. 2021 Federal Court Decision .

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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. Background to the claim. On mitigation measures.