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Full-Text Articles in Law
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz
Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz
Sabin Center for Climate Change Law
This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
Sabin Center for Climate Change Law
With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …
It Is (Finally) Time For And Advisory Opinion On Climate Change: Challenges And Opportunities On A Trio Of Initiatives, Maria Antonia Tigre
It Is (Finally) Time For And Advisory Opinion On Climate Change: Challenges And Opportunities On A Trio Of Initiatives, Maria Antonia Tigre
Sabin Center for Climate Change Law
In recent years, the number and diversity of climate-related lawsuits have increased, with courts in over seventy jurisdictions now handling such cases. After the expansion through domestic courts, stakeholders worldwide are turning to international courts and tribunals to help define the responsibilities of states in light of the climate crisis. Three initiatives requesting advisory opinions to international courts or tribunals have been announced within six months. These advisory opinions could have significant implications for international climate change law, defining the human rights obligations of states (and potentially corporations) in light of the climate crisis. It is expected the International Court …
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh
Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh
Sabin Center for Climate Change Law
Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance …
Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre
Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre
Sabin Center for Climate Change Law
Climate change’s pervasive human rights impacts on populations worldwide are widespread and now widely known. One avenue to address these human rights impacts is the growth of rights-based climate litigation. There are now hundreds of cases worldwide grounded on human rights claims. However, less attention has been brought to how vulnerable groups are disproportionally affected by climate change. Indigenous groups, in particular, are disproportionately affected by climate change due to their connection to their land and dependence on their ecosystems. To increase global attention and seek legal remedies to address how Indigenous communities are impacted by climate change, Indigenous groups …