Climate Change

Page 1 of 7

Filter category

Feature post image

“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 and many large businesses contribute to climate change, whereas the resulting damage does not affect everybody equally and at the same time. The international law on state responsibility in situations of shared responsibility is thin, which makes it difficult for particularly affected states to effectively seek compensation. Against this background the post attempts to spark a discussion by offering a different perspective on the problem which relies more on incentivizing rather than forcing responsible states to compensate. The legal landscape on plurality of responsible states A look at the ILC’s Draft Articles on the Responsibility of States for Internationally Wrongful Acts (ASR) unfortunately yields a rather poor return regarding rules that deal with a plurality of responsible states for an injury or damage. The ASR devote only one article to the matter: Article 47. Plurality of responsible States 1. Where several…

Read more

The ECtHR’s Pending Climate Change Case: What’s Ill-Treatment Got To Do With It?

On 30 November, the Court made headlines when it communicated its first climate change case. The application was brought by six Portuguese children and young people, with the crowd-funded support of the Global Legal Action Network (GLAN). The respondents are 33 Member States of the Council of Europe, and the case – which was taken…

Read more

People v Arctic Oil before Supreme Court of Norway – What’s at stake for human rights protection in the climate crisis?

During the past week, the Norwegian Supreme Court has been hearing the People v Arctic Oil case, a rights-based challenge to the Norwegian State’s grant of petroleum exploration licenses. The case raises myriad questions of significance regarding States’ human rights obligations in the context of climate change. Here, we consider two of them: the geographic scope…

Read more

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 States (all of the EU 27, plus the UK, Switzerland, Norway, Russia, Turkey and Ukraine) in respect of the profound, ongoing, and worsening impact that climate change is having upon…

Read more

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 failed to specify the manner in which it was proposed to achieve the “national transition objective,” as required under the 2015 Climate Act. The “national transition objective” is…

Read more