A lot has been written on the subject of State responsibility / liability for environmental harm. However, in the recent years, the debate has not been as robust…

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…

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…

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…

One year ago, a panel of legal experts convened by the Stop Ecocide International Foundation (Expert Panel) proposed that the Statute of the International Criminal…

For nearly 30 years, the international legal regime addressing climate change has kept largely silent about the major driver of the problem it seeks to address: fossil fuels.

In a decision published on 29 April 2021, the German Federal Constitutional Court joined other Courts around the world in their criticism of governments for failing to take…

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…

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…

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…