15 October 2026
Beyond Boulder
The making of climate law is a distinctly global exercise. Perhaps more than in many other areas of law, climate litigation develops through a conversation across jurisdictions, as litigants borrow arguments, evidence, and strategies from proceedings elsewhere, while judges engage with decisions from vastly different legal traditions. And so, when one of the world’s biggest players in the legal landscape speaks, the rest have particular reason to listen. Continue reading >>
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11 October 2026
Carbon Majors in Brazilian Courts
On October 9, 2026, Brazil’s Federal Prosecutor’s Office and a nonprofit environmental association, Instituto Preservar, sued Shell Brasil Petróleo Ltda. for damages caused by the April and May 2024 floods in my home state of Rio Grande do Sul. The filing now places Brazil among the jurisdictions where public enforcers sue fossil fuel producers, which the litigation over the 2024 floods had not previously included. It also offers a concrete setting for the interplay between the causal nexus of Brazilian environmental liability and the attribution of a climate disaster to an emitter. Continue reading >>
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27 June 2024
A Global South Perspective on Loss and Damage Litigation
In June 2024, delegates undertook two-week-long negotiations at the UNFCCC Bonn Climate Change Conference. These meetings concerned the modalities of the newly instituted Loss and Damage (L&D) Fund and the provision of financial assistance to developing countries. In this piece, we reflect on the future interactions between the L&D Fund and litigations regarding L&D. We argue that these two phenomena must be seen as having a synergistic relation, effectively benefitting the Global South. Continue reading >>
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