The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to...

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

On 9 October 2018, the Hague Court of Appeal confirmed the first instance judgement rendered in the world-famous Urgenda case: the Dutch State commits a tort by setting a goal for greenhouse gasses emissions reduction of only 20% by the end of 2020, compared to 1990 levels. The State is ordered...

This article is among the first to integrate current climate change science, particularly ongoing impacts and predicted impacts, with a detailed roadmap for substantial reform of our environmental processes for reviewing proposed renewable energy projects. Most existing articles either focus...

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...

Lawyers are pursuing a broad range of cases in an effort to address climate change. Given the scope and complexity of climate change (and the scale of the solutions it requires), this diversity is not surprising. But it amplifies a key question in any strategic litigation: how that litigation...

‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...

The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...

Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...

Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...