Remove Climate Change Remove Paris Agreement Remove Precautionary Principle
article thumbnail

Human Rights in the ICJ’s Climate Opinion: A Comparative Evaluation

Law Columbia

The analysis reveals that the rights-based findings made in the ICJ’s inaugural climate advisory opinion are not necessarily ground-breaking in terms of their scope or ambition, but that they instead serve to legitimize and encourage the climate-related findings of regional human rights courts and United Nations (UN) treaty bodies.

article thumbnail

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. 74) – states must act urgently. 162-171).

Insiders

Sign Up for our Newsletter

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

article thumbnail

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. However, ITLOS is not responsible for implementing the UNFCCC or the Paris Agreement.

article thumbnail

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.

article thumbnail

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

This is consistent with the precautionary principle that underlies much international environmental law. There is, however, an alternative reading of the precautionary principle that could justify pursuing ocean CDR despite the risks it presents. Those conversations must come together so we can find a middle ground.

article thumbnail

Guest commentary: A ground-breaking judgment in Germany

Law Columbia

The judgment, in German, and an unofficial English translation, along with other documents, are available on the Sabin Center’s Non-US Climate Litigation Database, here.) Germany’s Federal Climate Change Act requires a 55% gradual reduction of German GHGs by 2030 and a reduction of 80-95% by 2050, compared to 1990. Background.

article thumbnail

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

Law Columbia

The funds aim to aid the achievement of the EU’s climate targets by 2030 and climate neutrality by 2050 in line with the Paris Agreement (JT Regulation, Articles 1-2). Since the dispute ended with a settlement and the withdrawal of the complaint, it is unknown whether the CJEU would have shared the AG’s opinion.