Tide Turning on Australia’s Inadequate Climate Policy? A Challenge from First Nations Peoples in the Torres Strait
The low-lying islands of Zendath Kes (Torres Strait) are the frontlines of the climate crisis. Without action, climate change will soon make these islands uninhabitable, rendering First Nations Guda Maluyligal...
The Shell Case: A Viable Path to Establish Corporate Climate Responsibility?
On 26 May 2021, The Hague District Court in the Netherlands ordered energy giant Shell to reduce the CO2 emissions of the Shell group by net 45% in 2030 relative...
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...
Grappling with Danger: Some Lessons from Urgenda v The Netherlands
The landmark judgement of the Dutch Supreme Court in Urgenda Foundation v State of the Netherlands has inspired climate cases across the globe, where litigants argue that States are required...
Dutch Court Provides Valuable Precedent for Human Rights in the Digital Welfare State
Even as the use of technologies utilising ‘artificial intelligence’ and ‘big data’ proliferates in the public sector, their compatibility with human rights norms and constitutional rights has been circumspect. Investigations...
The Urgenda case: human rights obligations to reduce carbon emissions
The Netherlands’ supreme court has ruled that the state has ‘direct legal obligations’ to reduce carbon emissions by at least 25% by the end of 2020, compared to 1990 levels...
Multinational Royal Dutch Shell summoned for insufficient efforts in combatting climate change
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...
Dutch child labour due diligence law: a step towards mandatory human rights due diligence
On 14 May 2019, the Dutch Senate adopted the Child Labour Due Diligence Law [Wet zorgplicht kinderarbeid]. The law requires companies selling goods or services to Dutch consumers to identify...
A Timely Intervention: Dutch Court declares that the State has Positive Duties under the European Convention on Human Rights to tackle Climate Change
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...
Courts and Climate Change II: Appeals Court Upholds Landmark Ruling in Dutch Climate Case
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....
Kiobel v. Cravath: An Example of How a Little-Known U.S. Law can be Used as a Pre-Litigation Tool Overseas
When Esther Kiobel—who believes Shell collaborated with Nigerian authorities to commit gross human rights abuses, including the murder of her husband—could not find justice by suing Shell in U.S courts,...
Nigerian Farmers Can Sue Shell in Dutch Court: Precedent for Transnational Cases against Multinationals
A recent ruling by the Court of Appeal in The Hague signals new hope on the horizon for victims seeking a judicial remedy for corporate negligence or human rights abuse....