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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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Microplastics in the Lungs: The Next Asbestos or Are We Just Catastrophizing?

Law and Environment

At the same time, the “precautionary principle” is not a sound basis for regulations. As Cass Sunstein has noted , the precautionary principle provides help only if we blind ourselves to many aspects of risk-related situations and focus on a narrow subset of what is at stake. first appeared on Law and the Environment.

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

Enviromental Defense

It’s called the Precautionary Principle and it’s widely accepted in environmental law in Canada and well beyond. She pointed out that Big Plastic’s interpretation of the Precautionary Principle would make it meaningless.

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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

Applicable Law to the ITLOS Advisory Opinion The applicable law for the ITLOS advisory proceedings is determined by Article 293 of UNCLOS. Similarly, several authors have argued that this obligation predates the Convention, with UNCLOS simply codifying an existing customary law rule ( e.g. , Corfu Channel Case , p.

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Principles of International Law and the Adoption of a Market-Based Mechanism for Greenhouse Gas Emissions from Shipping: New Sabin Center White Paper

Law Columbia

In a new white paper , published online, the Sabin Center examines nine principles of international law that establish and frame the International Maritime Organization’s (IMO) authority to adopt a market-based mechanism to reduce shipping emissions.

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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. Argentina et al. ).

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Earth system tipping events now seem inevitable – what does this mean for climate governance?

Legal Planet

A tipping point is a system threshold beyond which change becomes self-perpetuating until a qualitatively different stable state is reached. For example a rainforest turns into a grassland, or an ice sheet melts completely. Such shifts are non-linear, and practically irreversible.