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Climate change and the European Court of Human Rights: The Portuguese Youth Case

On 3 September, six Portuguese children and young adults (aged 8 to 21) issued an Application to the European Court of Human Rights (“ECtHR”) against 33 Council of Europe Member…

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The European Convention of Human Rights and Climate Change – Finally!

It was only ever a matter of time before the European Court of Human Rights (ECtHR) would be called upon to interpret the application of the ECHR to…

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The Supreme Court of Ireland’s decision in Friends of the Irish Environment v Government of Ireland (“Climate Case Ireland”)

On 31 July 2020, the Supreme Court of Ireland quashed the government’s National Mitigation Plan, the centrepiece of the Irish government’s climate mitigation policy, because the Plan…

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Emissions Trading: As COP26 is delayed by COVID-19, some thoughts on the international linking of domestic schemes

Introduction Last month, the COP26 UN climate change conference set to take place in Glasgow in November 2020 was postponed due to COVID-19. …

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The Curious Fate of the Doha Amendment

The Doha Amendment has yet formally to enter into force. However, as this note will explain, this treaty is already producing most of its intended legal effects.

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Risky business: Uniper’s potential investor-state dispute against the Dutch coal ban

In pursuit of the ambitious long-term goals of the Paris Agreement to limit global warming to well below 2 degrees Celsius and preferably to 1.5 degrees from…

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Public Interest Litigation Before Domestic Courts in The Netherlands on the Basis of International Law: Article 3:305a Dutch Civil Code

In recent years, the domestic courts in The Hague (Netherlands) have produced a series of judgments on matters of global concern, adjudicated on the basis of international law.

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Climate Change in the Human Rights Committee

  The environment and climate change are amongst the most pressing issues for human rights. High Commissioner for Human Rights Michelle Bachelet has called it “the greatest…

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Climate Change as a Trigger of Non-Refoulement Obligations Under International Human Rights Law

  The recently published decision of the UN Human Rights Committee (HRC) pursuant to Individual Communication No. 2728/2016 (Teitiota v New Zealand) offers an insight into how…

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Renewable energy incentives: reconciling investment, EU State aid and climate change law

  Domestic incentives for renewable energy production To combat climate change, several States have created so-called ‘renewable energy incentivization schemes’ because they feared that private investors…

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