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Brussel’s first court of instance ruled on Friday that Belgium has failed to meet its climate obligations, and that its failure amounts to a violation of human rights under the Belgian Civil Code and article 2 and 8 of the European Convention of Human Rights.
Copyright ICJ/CIJ/Frank van Beek This blog post is Part 2 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the advisory opinion request related to States obligations regarding climate change.
On June 20, 2023, the Spanish Supreme Court handed down its final ruling in the case of Greenpeace v. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation. Under Annex 1 of the EU Regulation, by 2030, Spain must have reduced its GHG emissions by 37.7%
Introduction On November 12, 2024, the Dutch Court of Appeal in The Hague issued its eagerly awaited appeals judgment in Milieudefensie (Friends of the Earth Netherlands) and others v. The applicants sought an injunction declaring that Shell is legally bound to reduce its carbon dioxide (CO2) emissions by 45% below 2019 levels by 2030.
The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium —both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. A Missed Opportunity or the First of Many Decisions to Come?
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.
2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the responsibilities of stakeholders for climate mitigation and adaption. Courts in the Czech Republic and the United Kingdom have provided oversight of government climate mitigation actions.
To redress this violation, Klimaatzaak asked the Tribunal to set specific—and legally binding—emission reduction targets of 48% in 2025 and 65% in 2030 compared to 1990 levels, achieving net zero emissions by 2050. Articles 1382 and 1383 provide the foundation of civil liability in Belgium. The Tribunal chose a surprising third path.
Prior to the reform, constitutional environmental protection was developed in the case law of the Constitutional Court. Climate litigation cases that rely on human rights have achieved some success in Europe and beyond and prompted courts to demand increased ambition from governments. 179/2019 ). For example, in Urgenda Foundation v.
As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Introduction.
In case the company does not comply with its vigilance obligations, a court can issue a formal notice, ordering the company to comply with la Loi de Vigilance. It is important here to highlight that the plaintiffs took Shell to the Dutch courts based on the environmental damage caused in the Netherlands, due to Shell’s operations worldwide.
This contribution is not meant to assess the Achmea judgment of the European Court of Justice. The decision of the OLG München (Higher Regional Court of Munich) regarding a brokerage contract shows that it is not always possible to determine the place of main performance. Hess: Exequatur sur exequatur vaut?
6] At the colloquium, former Delaware Supreme Court Chief Justice Leo Strine reiterated that corporate fiduciary duties should continue to focus solely on the interests of profits for shareholders. [7] 9] See Iva Lea Aurer, Guest Commentary: An Assessment of the Hague District Courts Decision in Milieudefensie et al.
Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.
The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.
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