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Jade Weiner - 11th August 2020
On 5 November 2015, a devastating mudslide following the collapse of the Fundao Dam tore through Mariana, Brazil, destroying entire cities, decimating the environment and destroying historic, cultural and religious traditions in the area. 19 people lost their lives, tonnes of fish died, and over 600km of waterways were polluted in what is regarded as […]
Pieter Gillaerts - 11th July 2019
Citizens and organizations around the world increasingly take their concerns regarding climate change to the courtroom. Such climate change or environmental (public interest) litigation so far has primarily been directed against governments, such as the case of Urgenda v. the Dutch State. The recent Dutch case Milieudefensie et al. v. Royal Dutch Shell seems to mark […]
Mwai Daka - 23rd May 2019
The recent UK Supreme Court case, Vedanta Resources Plc and another v Lungowe and others, affirms the principle that UK companies operating abroad owe a duty of care to those affected by the actions of the subsidiary in the foreign jurisdiction. The Supreme Court held that the ‘foreign jurisdiction’, in this case, Zambia, is the […]
Lisa Kadel and Christian Schliemann - 19th April 2019
The Canadian corporation Gabriel Resources wanted to establish Europe’s largest gold mine in Rosia Montana, Romania. Local villagers and Romanian civil society resisted the corporation and the state, due to perceived disregard for their human rights and environmental concerns. After a long battle they prevented the project. As a response Gabriel Resources sued Romania for […]
Sergio Giuliano - 1st April 2019
Last February 27th, a 7-1 majority of the United States Supreme Court held in Jam et al. v. International Finance Corp. that the IFC –the branch of the World Bank Group that lends to the private sector– does not enjoy absolute immunity from suit in U.S. domestic courts. The case is a landmark decision in […]
Sakshi Aravind - 18th March 2019
The decision by New South Wales Land and Environment court, Australia, rejecting the appeal by Gloucester Resources for the proposed Rocky Hill coal mine in Hunter’s Valley, has gathered public interest for all the right reasons (Gloucester Resources v Minister of Planning “Gloucester Resources”). The decision emphasized the incompatibility between new coalmines and Australia’s obligations […]
Sandhya Drew - 5th December 2018
With effect from 29 March 2017, the French Loi de la Vigilance introduced into the Commercial Code a duty on large companies to carry out a risk assessment down their supply chains in relation to human rights. It bears many similarities to section 54 of the Modern Slavery Act 2015 in the UK but there […]
Enlil Iván Herrera Pérez - 16th November 2018
Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community, who were being prosecuted for the crime of rape against underage victims, contrary to the Criminal Code which punishes as rape any sexual relations with […]
Alex May - 9th November 2018
The Intergovernmental Panel on Climate Change (‘IPCC’) recently released its Special Report on the Impacts of Global Warming above 1.5 oC. (Monday 8thOctober 2018). A human rights perspective is useful for understanding what this means and has legal potential for forcing states to take action. The Report The IPCC was asked by the 2015 Paris […]
Jamie McLoughlin - 23rd October 2018
The Court of Appeal in the Netherlands has just issued a landmark judgment concerning environmental human rights and climate change. It has found the Dutch State to be in breach of its positive obligations under Articles 2 and 8 of the ECHR by failing to adopt a more ambitious plan to reduce greenhouse gas emissions. The judgment […]
Anneloes Hoff - 18th October 2018
The Hague Court of Appeals has upheld its human rights-based landmark ruling in the historic Climate Case that orders the Dutch government to accelerate its reduction of greenhouse gas emissions. The decision came one day after the world’s leading climate scientists called for “rapid, far-reaching and unprecedented changes in all aspects of society” in order […]
Nicholas Stump - 25th September 2018
Supreme Court Justice Anthony Kennedy, a 1988 Reagan appointee, will leave behind a mixed environmental law legacy. Best known to the public as a crucial swing vote on issues regarding same-sex marriage and abortion rights, Kennedy’s influence on environmental law was no less impactful, as he sided both for and against ecological and public health […]