30 December 2024
From Objectives to Obligations
On December 13, 2024, the International Court of Justice (ICJ) concluded the hearings of the advisory proceedings on State obligations in respect of Climate Change. On the last day of the hearings, judges posed four questions to participants to be answered within a one-week timeframe. The Judges enquired about State obligations in relation to fossil fuels; the interpretation of Article 4 of the Paris Agreement; the content of the right to a clean, healthy, and sustainable environment; and the significance of declarations made by some States on becoming parties to the UN climate treaties. This blog post will provide a brief exploration of the first two questions and issues raised. Continue reading >>
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16 May 2024
Upgrading Environmental Rights
In Community of La Oroya v. Peru the IACtHR for the first time found a violation of the autonomous right to a healthy environment in a non-indigenous context related to the long-lasting environmental contamination of a community by toxic substances. La Oroya lays foundational principles that will likely shape the content and direction of environmental and climate change litigation and jurisprudence in the Americas. This historic judgment provides a robust basis for anticipating how the Court will handle the specification of environmental rights within the climate emergency and how it may accordingly inform States’ human rights obligations. Continue reading >>
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