01 August 2025
Human Rights in the ICJ’s Climate Opinion
This summer has seen two major climate advisory opinions published – first from the Inter-American Court of Human Rights, and then from the International Court of Justice (ICJ). Both opinions address human rights law, embedding human rights in a broader overarching framework of international law that also includes international climate treaties and customary international law. But how do these opinions compare, and what room does the ICJ leave for continuing development of human rights standards by other relevant courts and treaty bodies? Continue reading >>
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15 April 2024
On the Duarte Agostinho Decision
We may not readily describe Duarte Agostinho as a success. But it does offer an excellent opportunity to clarify what we mean by ‘success’ in this context. Arguably, this depends on our expectations – whether that’s to generate attention, trigger mobilization, seek judicial engagement with an issue, clarify the law, or pursue a given outcome, among others. Continue reading >>
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28 September 2023
Act Three for Climate Litigation in Strasbourg
Yesterday, on 27 September 2023, a historic hearing took place before the Grand Chamber of the European Court of Human Rights. The Court heard the Duarte Agostinho case, brought by six Portuguese children and young people against a whopping 33 Member States of the Council of Europe. Having heard two other climate cases this past March (the KlimaSeniorinnen v. Switzerland and Carême v. France cases, respectively), this was the Court’s final hearing before it issues its first-ever findings on climate change. It was also the Court’s first youth climate case. For several reasons, yesterday’s hearing was a historic one: Duarte Agostinho is the Grand Chamber’s biggest-yet climate case, both in terms of the substantive rights invoked and the number of States involved. Continue reading >>
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