02 July 2026
Between and Beyond Regional Perspectives on Climate Change and Human Rights
Climate change has reached the dockets of (international) courts. The intersecting nature of this existential threat has led to a flurry of judicial action – somewhat paradoxically in the absence of meaningful political action. Yet, as case law is proliferating, the discussion about climate change in international adjudication has become highly specialized. Against this background, this contribution shares observations on the emergence of regional climate change law and calls for taking this regional perspective seriously by extending it beyond what is traditionally understood as inter-judicial dialogue. Continue reading >>
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25 June 2026
Climate Justice Unlocked
The Inter-American Court of Human Rights has just handed climate litigators in Latin America the most powerful tool they have ever had. Advisory Opinion OC-32/25 restructures the procedural architecture of climate litigation: inverting burdens of proof, authorising the presumption of causal links between state emissions and climate harm, and recognising satellite imagery as evidence that states must make accessible to victims. For organisations that have spent years fighting for communities on the front lines of the climate emergency, this is a transformative moment. Continue reading >>
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24 June 2026
Procedural Rights in Climate Cases Before the ECtHR
This blog post takes the landmark ruling KlimaSeniorinnen as a starting point to examine the role of procedural rights in climate litigation before the European Court of Human Rights. Procedural rights, as we argue, can be understood in a twofold manner: on the one hand, as admissibility criteria structuring access to the Court, and on the other, as substantive guarantees flowing from the Convention itself. Read in this light, KlimaSeniorinnen – alongside Greenpeace Nordic – reveals key developments in the Court’s emerging climate jurisprudence across both dimensions. Continue reading >>
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08 May 2026
The BMW and Mercedes Climate Cases
The Bundesgerichtshof – Germany's highest court of civil jurisdiction – has handed down its first ruling on private climate liability and dismissed the widely discussed lawsuits against BMW and Mercedes. These strategic lawsuits were based on a very specific claim that is hard to replicate in other legal systems. Nevertheless, the rulings contain general considerations that, from a comparative law perspective, reveal a remarkable degree of judicial restraint. Continue reading >>
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19 March 2026
Peoples Across Time
A pending advisory opinion before the African Court on Human and Peoples’ Rights raises a question that is novel within the African regional human rights system: can human rights law protect future generations against climate harm? The open-ended notion of “peoples” in the African Charter offers a doctrinal basis for embedding intergenerational justice. Read in light of Article 24 and the Charter’s collective architecture, it could give concrete legal meaning to obligations owed across time. Continue reading >>17 February 2026
High Thresholds and Wide Margins
The European Court of Human Rights (ECtHR) issued an inadmissibility declaration in the climate case of Fliegenschnee and Others v. Austria. While an unsuccessful outcome was expected, the decision nevertheless clarifies three aspects of the Court’s climate jurisprudence. Taken together, the case shows that the Court neither demanded more than in previous cases nor reneged on its requirements as laid down in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. Continue reading >>
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09 February 2026
The Bonaire Climate Case
Once again, all eyes were on The Hague. After groundbreaking rulings in the Urgenda and Shell cases, the District Court in The Hague on 28 January delivered another important climate change decision in the case of Greenpeace Netherlands v. The Netherlands (Bonaire). The court, acknowledging the contested political context in which the ruling was made, sought to square the circle of state mitigation obligations by balancing potentially far-reaching considerations about the mitigation efforts required from states like the Netherlands with an innovative procedural and dialogue-oriented remedy. Continue reading >>
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28 January 2026
The State Duty Not to Approve New Fossil Fuels
A growing number of cases worldwide are challenging State approval of new fossil fuel projects: from Ireland to Guyana, Greece to South Africa. UN Secretary General, António Guterres, describes such projects as “moral and economic madness”. But since 2021, over 2,300 new extraction projects and 119 new LNG Terminals have been approved for development worldwide. States’ approval of new fossil fuel projects is fundamentally incompatible with their international law duties. Continue reading >>17 September 2025
Two Courts, Two Approaches
The Inter-American Court of Human Rights’ Advisory Opinion AO-32/25 marks a major advance in climate jurisprudence. Comparing it with the ECtHR’s 2024 climate rulings, this contribution shows how much further the Inter-American Court goes in recognising the climate crisis as a global emergency, foregrounding equity and climate justice, affirming extraterritorial jurisdiction, broad standing, and ultimately recognising an autonomous human right to a healthy climate. Continue reading >>
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16 September 2025
A Right to Defend the Environment
In a remarkable yet underexplored section, the IACtHR establishes a right to defend the environment, along with corresponding duties of States to protect environmental defenders. By recognizing environmental defenders as essential actors in democratic climate governance, the IACtHR’s advisory opinion advances a bold vision of environmental democracy that positions civic engagement as a vital precondition for legitimate and effective climate action. Continue reading >>
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