Search results for ___ in ___ using the tag climate change between 01/01/2008 and 23/03/2023 by ___.

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Polluter Doesn’t Pay: The Rockhopper v Italy Award

Last August, an ICSID tribunal handed down its much-anticipated ECT-based award in the dispute between Rockhopper, a British oil and gas company, and the Italian Republic. Rockhopper had…

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The Forever Negotiations

A major question coming out of the 2015 Paris conference was whether the Paris Agreement represented a meeting of the minds and would provide a stable framework for…

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A guide to tackling the collective causation problem in international climate change litigation

In the wide variety of arguments that defendants have brought up in climate change litigation, one argument is a constant. This is the argument that climate change…

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The Protection of the Atmosphere and the ‘Regressive’ Development of International Law

In a few weeks, the 2022 United Nations Climate Change Conference (COP-27) will be convening in Sharm El-Sheikh, Egypt. States will negotiate higher ambitions on mitigation, adaptation, and…

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Multi-Forum Strategies to Tackle Climate Change and Other Complex Problems: A Note from Practitioners

Introduction  Recently, EJIL and EJIL Talk! featured a spirited debate between Corina Heri and Alexander Zahar on the role of human rights law and human rights…

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Is the EU realizing an externally just green transition? A short analysis of the Carbon Border Adjustment Mechanism from the perspective of the CBDR principle and the right to development of LDCs.

The EU is on track to adopting by the end of this year the regulation establishing the Carbon Border Adjustment Mechanism (“CBAM”) with the trialogues (informal negotiations…

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Legal Imagination, and the Turn to Rights in Climate Litigation: A Rejoinder to Zahar

In the most recent issue of EJIL, I discuss whether anthropogenic climate change can and should be understood as a human rights issue, particularly at the European…

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Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-Breaking Decision on Climate Change Impacts on Human Rights 

In a landmark decision the UN Human Rights Committee found that Australia's failure to adequately protect indigenous Torres Strait Islanders against adverse impacts of climate change was…

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UNHRC is Turning up the Heat: Human Rights Violations Due to Inadequate Adaptation Action to Climate Change  

1. Introduction In its highly anticipated decision in Daniel Billy at al. versus Australia (“Torres Strait Islanders case”), issued on 23 September 2022, the UN…

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Victim Status before the ECtHR in Cases of Alleged Omissions: The Swiss Climate Case

The European Court of Human Rights (ECtHR) announced on Friday, 29th April, that the Swiss Climate case will be dealt with by…

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