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 a breach of the International Covenant on Civil and Political Rights.   The complaint was brought by Daniel Billy, Ted Billy, Nazareth Fauid, Stanley Marama, Yessie Mosby, Keith Pabai,…

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 significant decision in a series of high profile international judicial rulings which acknowledge legal consequences for environmental harm. As recently as 2 February 2018, the International Court of Justice in…

This post looks into the wider questions The South China Sea recent award raises and its possible impact.   Looking back at the rare examples in international law in which States chose not to appear to participate in the proceedings, I address questions such as "what good is an award that cannot be enforced" and what role has arbitration…