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

Law Columbia

26 (GC26) on children’s rights and the environment with a special focus on climate change. In 2021, the CRC dismissed the complaints since the petitioners had failed to exhaust domestic legal remedies at the national level. Argentina et al. ).

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

Law Columbia

How would such a legal system work, and could giving rights to nature help in the legal battle against climate change? Climate litigation using the rights of nature. The “Rights of Nature” movement is fundamentally rethinking humanity’s relationship with nature, and it is gaining momentum. A few case studies offer some insight.

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

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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

However, despite allowing the Minister’s appeal, the Court rejected the Minister’s argument that the primary judge made findings based on evidence of climate change that were unfounded. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

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The New Environmental and Human Rights Treaty in Latin America and the Caribbean You Should Know About

Acoel

Posted June 3, 2021 by Susan Kath. The Escazú Agreement came into force in April 2021 with 12 ratifications (out of a possible 33) from Latin American and Caribbean countries.

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

Law Columbia

Czech Republic v Poland (Mine de Turów, ECLI:EU:C:2021:420, ECLI:EU:C:2021:752, ECLI:EU:C:2022:74 ) concerned the operation of a lignite mine in Poland. In February 2021, the Czech Republic asked the CJEU for interim measures, requesting the immediate closure of the lignite mine. Climate aspect of the Turów mine dispute.

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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 By Jaap Spier [1]. An English press release is available here. Background.

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