While the ripples of Verein KlimaSeniorinnen continue to spread in the academic world, with discussions about potential implications for the future jurisprudence of the ECtHR, on January 30, 2025, the Court handed down another landmark judgment in the field of environmental litigation. The case of Cannavacciuolo and Others v. Italy addressed the systematic and large-scale pollution phenomenon caused by the mismanagement of hazardous waste in parts of the Campania region in the South of Italy. The judgment is ground-breaking for finding a violation of the right to life (Article 2 ECHR) for the first time in connection with environmental pollution (further aspects of the case have been discussed on the blog here).
Climate Change
Page 2 of 26
Watch this space, Take 2: Execution of Strasbourg’s Landmark Climate Mitigation Judgment Verein KlimaSeniorinnen v. Switzerland
In July 2024, I wrote, together with Chhaya Bharwaj, that the execution of the first climate mitigation judgment of the European Court of Human Rights, Verein KlimaSeniorinnen v. Switzerland, was a space to watch. This was because the Court found, for the first time, that the lack of an adequate legislative framework to mitigate…
International Protection for People Displaced Across Borders in the Context of Climate Change and Disasters: A Practical Toolkit
It is trite to say that there is no legal category of ‘climate refugees’. Nevertheless, climate events and disasters can significantly impact forced displacement scenarios. They may be one cause of displacement. They may affect refugees, asylum seekers or other persons in need of international protection in countries of asylum. And they may inhibit safe return as a…
Progression as a Legal Obligation – What to Take from the Climate Change Proceedings before the International Court of Justice
In December 2024, the International Court of Justice held its hearings on the advisory opinion on climate change. Many states, international organizations and NGOs submitted written statements and provided oral pleadings explaining their views about international climate change law. Probably never before, the ICJ could draw from as much legal expertise as basis for its decision. Thus,…
Trouble in Heaven: Do the Changes to the Sovereign Military of Malta’s Constitution affect its relevance for the future of Small Developing Island States
The fight of Small Island Developing States (SIDS) to maintain control of their destiny and retain their statehood needs no introduction. Threatened by the sea level rise caused by centuries of greenhouse gases, SIDSs are both among the most affected (due to their low elevation above sea levels) and the smallest contributors to climate change. In…