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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. What countries have declared rights of nature?

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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 the claim against the government. Background to the claim.

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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. 2021 Federal Court Decision .

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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.

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