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Watch this space: Executing Article 8 Compliant Climate Mitigation Legislation in Verein KlimaSeniorinnen v. Switzerland

Now that the European Court of Human Rights delivered its first violation judgment in a human rights-based lack of climate mitigation ambition case, in Verein Klima Seniorinnen…

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The ITLOS Advisory Opinion: Human Rights as a Withered Branch of International Law?

On 21 May 2024, at the request of the Commission of Small Island States on Climate Change and International Law (COSIS), the International Tribunal for the Law of…

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The ITLOS Advisory Opinion on Climate Change: Selected Issues of Treaty Interpretation

Introduction This post analyses selected treaty interpretation issues in the ITLOS Advisory Opinion on Climate Change, delivered on 21 May 2024. The post does not…

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Did the Court in Klimaseniorinnen create an actio popularis?

Perhaps the thorniest issue that the European Court had to address in Klimaseniorinnen was how to square the prohibition on actio popularis with the granting of standing to…

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Reflections on the Strasbourg climate rulings in light of two aims behind the Duarte Agostinho case

Two aims, among others, motivated the decision to bring the Duarte Agostinho climate case (“Duarte”) directly to the European Court of Human Rights against multiple…

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Climate or carbon neutrality? Which one must states aim for under Article 8 ECHR?

In its judgment in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the European Court of Human Rights (ECtHR) Grand Chamber ruled that Switzerland had acted…

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Inter-generational Equity, Future Generations and Democracy in the European Court of Human Rights’ Klimaseniorinnen Decision

It was immediately evident that the European Court of Human Rights judgment in Verein  KlimaSeniorinnen v. Switzerland was groundbreaking in multiple regards and will prove…

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A Quick Take on the European Court’s Climate Change Judgments

Today the Grand Chamber of the European Court of Human Rights delivered a monumental trio of decisions – two admissibility decisions and one judgment – on climate change.

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EJIL: The Podcast! Episode 25: Do We Have a Responsibility toward Future Generations?

What is the Alpha and Omega of Climate Control discourse? Surely it is Intergenerational responsibility. Our responsibility towards future generations. Yet, in January 2023 EJIL published …

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Unmasking Green Colonialism in EU-Namibia Hydrogen Deal

As time ticks away to meet net-zero targets, the EU is among those looking towards African sunshine and wind in the hopes to produce renewable hydrogen. Hidden behind…

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