Search results for ___ in ___ using the tag environment between 01/01/2008 and 15/05/2021 by ___.

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“The check, please!” – Incentivizing states to pay for climate change?

Thinking aloud When it comes to climate change, there is a disparity between causers of effects and the ones having to endure them. Virtually all states…

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Extraterritoriality of Oil Constitutionalism in People v Arctic Oil

On 22 December 2020, the Supreme Court of Norway delivered its judgement in People v Arctic Oil on the interpretation of Article 112 of the Norwegian Constitution…

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The Mauritius Oil Spill: Using Africa’s ‘judicial environmentalism’ as an avenue for redress?

Since the MV Wakashio ship ran aground on 25 July this year, Mauritius has been facing an unfolding human and environmental disaster. Up to 100,000 Mauritians took…

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Justiciability of ‘implicit’ rights: Developments on the right to a healthy environment at the Inter-American Court of Human Rights

On 6 February 2020, the Inter-American Court of Human Rights (IACtHR) issued a landmark judgment on the protection of environmental rights as directly justiciable (original in Spanish).

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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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Human Rights and the Environment: The UN Human Rights Committee Affirms the Duty to Protect

Recently, the Human Rights Committee published its views in the case Portillo Cáceres v. Paraguay (currently available only in Spanish). In this landmark decision, the…

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Protecting the Environment in Non-International Armed Conflicts: Are We There Yet?

The International Law Commission (ILC) during its current 71st session has provisionally adopted, on first reading, the Draft principles on the protection of the environment in relation…

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Antarctic Environment Protocol Challenges and Achievements: 20 Years in Force

Introduction On 4 October 1991, almost 27 years ago, negotiation of the Environmental Protocol to the Antarctic Treaty (the "Protocol") finished in Madrid. On 14 January 1998,…

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A New Extraterritorial Jurisdictional Link Recognised by the IACtHR

In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal…

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The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights

The Inter-American Court’s Advisory Opinion on Environment and Human Rights, released on 7 February 2018 (in Spanish only) (for brevity “AO”), is the latest and potentially most…

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