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Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

Law Columbia

Despite the ongoing debate on whether ITLOS has jurisdiction to issue an advisory opinion on climate change, if the Tribunal asserts jurisdiction (on jurisdiction, see here and here) , there is still much to uncover. Assuming the ITLOS will assert jurisdiction, this post’s objective is twofold.

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Principles of International Law and the Adoption of a Market-Based Mechanism for Greenhouse Gas Emissions from Shipping: New Sabin Center White Paper

Law Columbia

And other principles of international law will work to ensure that any measure is sensitive the different contributions parties have made to climate change, views any uncertainties through the lens of the precautionary principle, and respects fundamental rights of all.

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

Acoel

Parties to the agreement agree to be guided by 11 principles, including the principles of non-regression and progressive realization, the preventative principle, the precautionary principle, and the principle of intergenerational equity.

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Big Plastic’s arguments against federal plastics regulations crumple in court

Enviromental Defense

Late in the federal court hearings last week, in their lawsuit against plastics regulations , Big Plastic’s arguments went completely off the rails. It’s called the Precautionary Principle and it’s widely accepted in environmental law in Canada and well beyond. They say that federal regulation of plastics is merely political.

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

Law Columbia

Treaty obligations are also understood as obligations arising from EU secondary law, including obligations in EU regulations, directives, and decisions. This regulation establishes a special EU fund to support populations, economies, and the environment in territories that face socio-economic problems related to the energy transition process.

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Cost-Benefit Analysis and Deep Uncertainty

Legal Planet

OIRA, the so-called “regulatory czar” in the White House, must approve every significant regulation based on a review of its CBA. This issue is especially important in the context of climate change, given the potential for tipping points to produce disastrous outcomes. But CBA has had a major blind spot.

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Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals (1).