Remove Climate Change Remove Environmental Protection Remove Precautionary Principle
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The ICJ’s Advisory Opinion on Climate Change: An Introduction

Law Columbia

“An existential threat” – this is how the International Court of Justice (ICJ) characterized climate change in its long-awaited advisory opinion on the obligations of States with respect to climate change. 132-139) and the duty to cooperate for environmental protection (paras. 74) – states must act urgently.

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

Law Columbia

26 (GC26) on children’s rights and the environment with a special focus on climate change. Still, the decision holds significant implications for safeguarding children’s rights within the climate change context and set a foundation for future climate-related cases centered on children.

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

Law Columbia

Despite the ongoing debate on whether ITLOS has jurisdiction to issue an advisory opinion on climate change, if the Tribunal asserts jurisdiction (on jurisdiction, see here and here) , there is still much to uncover. Assuming the ITLOS will assert jurisdiction, this post’s objective is twofold.

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Big Plastic’s arguments against federal plastics regulations crumple in court

Enviromental Defense

The Ecojustice lawyer, acting for Environmental Defence and Oceana, pointed out that the Canadian Environmental Protection Act (CEPA) requires the government to take precautions from hazards, even those that *may* pose a threat to the environment. But it’s not, either. A big nope to that, as well.

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Harmonizing Sources, Hardening Duties – Inside the ICJ’s Advisory Opinion on Climate Change

Law Columbia

The International Court of Justice (ICJ)’s release of its Advisory Opinion on the Obligations of States with Respect to Climate Change marks a watershed moment, not just because of what the court says about climate obligations, but also because of how it says it. As Phoebe Okowa recalls , a handful of large emitters (e.g.

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An Update on the Evolving Legal Landscape for Ocean-Based Carbon Dioxide Removal: Key Outcomes of the October 2023 Meeting of the Parties to the London Convention and Protocol

Law Columbia

The parties to the London Convention and Protocol have argued that restrictions on ocean CDR are justified given “the precautionary approach outlined in article 3” of the London Protocol. This is consistent with the precautionary principle that underlies much international environmental law.

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

Law Columbia

How would such a legal system work, and could giving rights to nature help in the legal battle against climate change? The goal of conferring rights to nature is to secure the highest level of environmental protection under which an ecosystem can thrive and whose rights are not violated. What are the “Rights of Nature”?