Remove 2019 Remove 2021 Remove Law Remove Precautionary Principle
article thumbnail

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

Law Columbia

In 2021, the CRC dismissed the complaints since the petitioners had failed to exhaust domestic legal remedies at the national level. That is consistent with the significance of participation as an underlying determinant of health and wellbeing as expressed in international human rights law (see illustratively CESCR General Comment No.

article thumbnail

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. The case is pending a decision. Peru : Alvarez et al v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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. R ), which was created in 2019 to bring this case. Background to the claim.

article thumbnail

Guest commentary: A ground-breaking judgment in Germany

Law Columbia

On April 29, 2021 the German Constitutional Court (the Bundesverfassungsgericht, or GCC) rendered a ground-breaking judgment, requiring the German government to establish specific plans to achieve its mid-century greenhouse gas emissions goal. (An To achieve the 2030 target the law determines the permissible emissions for various sectors.

2030 45