Lessons from the French Vigilance Law for the EU’s Corporate Sustainability Due Diligence Directive
On 23rd February 2022, the European Commission published a draft Corporate Sustainability Due Diligence Directive (‘the Draft Directive’) that will mandate companies operating within the European Union (‘EU’) above a...
The UK Bill of Rights: Changes to Human Rights Protection may Impact Climate Litigation
Across the world, human rights-based arguments are increasingly deployed in climate litigation against public bodies. However, in the UK, potential reforms to the Human Rights Act 1998 (HRA) – an...
What’s next in Climate Litigation before the European Court of Human Rights? Duarte Agostinho and Others v Portugal and 32 other States
On 29 March 2023, the European Court of Human Rights (ECtHR) heard its first two climate cases (Verein Klima Seniorinnen and Others v Switzerland and Carême v France). Meanwhile, another...
Houses Without Land: The Strange Property Rights Phenomenon in the Kenyan Coastal Region and its Effect on coastal communities’ right to housing
The common law maxim cujus est solem ejus et usque ad coelum et ad inferos affirms that whoever owns a piece of land owns it all the way up to...
The Paris Agreement as a Human Rights Treaty: PSB et al. v Brazil
Image description: Satellite image of Brazil during natural disaster crisis in 2020 In late October, Brazil ousted incumbent President Jair Bolsonaro and elected Lula, who has since promised to cut...
Another ‘Green Reading’ of Article 8 of the ECHR in Pavlov & Others v Russia
Image description: Large industrial mining vehicle pictured in crater of quarry in Russia The recent case Pavlov & Others v Russia saw the European Court of Human Rights (ECtHR), once...
Appraising the Limitations of Linking Climate Reparations to Human Rights
Image Description: devastating climate-induced flooding in Pakistan Pakistan’s climate change minister Sherry Rehman recently lamented the near absence of any “reparations” for climate change given by developed States to the...
Judicial Activism and Executive Inertia: The Indian Judge as Problem-Solver
Image description: Five miners at work in the quarry in Meghalaya In February 2022, Chief Justice Banerjee of the High Court of Meghalaya at Shillong constituted a full bench to...
Climate Change and the Torres Strait Islands: Australia in the International Spotlight
Image Description: Over looking the Thursday Island, Torres Strait. The UN Human Rights Committee (‘UNHRC’) issued a blockbuster climate change decision on 22 September 2022, Billy et al v Australia,...
What do Rivers have to do with Human Rights? A Spotlight on Recent Problems
Image description: A map showing the extent of drought alerts in Europe in July 2022, with most of the region in shades of orange or red A few weeks ago...
The Increased Imperative for International Law Protections Regarding Climate Induced Migration
Image description: Protesters at a march with banners reading ‘stop climate change’. Climate change is an increasingly grim and urgent problem with profound implications for refugee and asylum international law....
West Virginia v EPA: Thwarting Robust Legal Reasoning
Image description: Coat of arms of the United States Environmental Protection Agency. In West Virginia v Environmental Protection Agency (30 June 2022), a six-person majority of the US Supreme Court...
