On 24 March 2021, the First Senate of the German Constitutional Court (Bundesverfassungsgericht) rendered its long-awaited decision on four constitutional complaints [1] brought in relation to Germany’s Federal Climate Change Act (Bundes-Klimaschutzgesetz) of 2019. The plaintiffs – some of whom are young climate activists – had alleged, in part , that the Act violates the fundamental rights of future generations by failing to prescribe in sufficient detail a long-term pathway for …
Filter by:
The French ‘case of the century’ ushers in new era of environmental litigation
On 3 February 2021, in a historic decision that confirms the growing trend of civil society led public interest litigation founded on the right to a healthy environment, a French administrative court recognised that the French State could be held responsible for failing to meet its commitments to mitigate climate change. In an unparalleled outpouring of public support for the plaintiffs …
The Escazú Agreement: A landmark regional treaty for environmental defenders
The international community eagerly awaits the Escazú Agreement to come into force in early 2021 after having secured 12 ratifications (one more than the minimum required – 11). The Escazú Agreement , which emerged from the 2012 United Nations Conference on Sustainable Development (Rio+20), is the first legally binding instrument in the world to include provisions on environmental human rights defenders (EHRDs) …
Norway’s Supreme Court dismisses claim based on the right to a healthy environment and allows new oil exploration in the Arctic
On 22 December 2020, Norway’s Supreme Court handed down its judgment in the closely followed climate lawsuit based on the constitutional right to a healthy environment, known as the Norwegian Arctic Oil case . The appeal was brought to the Supreme Court by environmental groups that disputed an administrative decision, based on a 2013 legislation, which authorised the administration to grant licences to oil …
The Amazon fires: the burning of rights
On 24th September, the President of Brazil, Jair Bolsonaro, delivered a high-level speech during the general debate of the 74th session of the UN General Assembly (GA). In it, he claimed that his Government is firmly committed to environmental protection and conservation, as well as to sustainable development more broadly. Yet, in the same speech, he questioned claims about the …
Mapping and overcoming the risks, threats, and challenges faced by Environmental Human Rights Defenders in Latin America, with a particular focus on indigenous and rural defenders
On the 8th and 9th November, 2017, the URG Latin America, with the support of the United Nations Special Rapporteur on human rights and the environment, Professor John Knox and the International Union for Conservation of Nature – National Committee of the Netherlands (IUCN-N), convened a two-days regional consultation on the situation of environmental human rights defenders (EHRD) in Latin America. Around …