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Climate Litigation and Children’s Rights: Unpacking the CRC’s New General Comment

Law Columbia

The consultation, which was part of the first drafting phase of the GC, included a thematic workshop with several experts on climate change law, climate change litigation, and their intersection with the rights of children. 11 GC26), with due regard to the precautionary principle (IV. Argentina et al. ).

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February 2020 Updates to the Climate Case Charts

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases. 4, 2020); California v.

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The Rights of Nature — Can an Ecosystem Bear Legal Rights?

Law Columbia

According to the “Rights of Nature” doctrine, an ecosystem is entitled to legal personhood status and as such, has the right to defend itself in a court of law against harms, including environmental degradation caused by a specific development project or even by climate change. Argentina : Asociación Civil por la Justicia Ambiental v.

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Guest Commentary: Czech Republic-Poland’s dispute over the Turów mine

Law Columbia

The catalyst for the dispute was the Polish authorities’ concession extension to operate the mine until 2026 without carrying out an environmental impact assessment (EIA) as required by European Union (EU) law. In 1994, the mine obtained a concession to extract lignite until 2020. The cross-border aspect of the Turów mine dispute.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

Law Columbia

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.

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Guest Commentary: An Unexpected Success for Czech Climate Litigation

Law Columbia

The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. On mitigation measures.

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Guest commentary: A ground-breaking judgment in Germany

Law Columbia

To achieve the 2030 target the law determines the permissible emissions for various sectors. For the period after 2030 the law requires that the government determines annually decreasing emissions levels. In 2020 the German population amounted to 1.1% Plaintiffs are ever more creative and demanding. to avoid passing the 1.5C

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