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Belgium court rules Belgium’s failure to meet climate obligations amounts to human rights violation

JURIST

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.

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The ICJ’s Advisory Opinion on Climate Change: Key Takeaways from the 2024 Hearing (Part 2)

ClimateChange-ClimateLaw

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.

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Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

ClimateChange-ClimateLaw

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%

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Milieudefensie v Shell: 3 Takeaways and Challenges on the Appeal’s Court Decision

ClimateChange-ClimateLaw

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.

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Reparation for Climate Change at the ECtHR

ClimateChange-ClimateLaw

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?

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The Transformation of European Climate Change Litigation: Introduction to the Blog Symposium

ClimateChange-ClimateLaw

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.

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A look back at significant decisions in climate litigation in 2022

ClimateChange-ClimateLaw

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.