Volume 54

India’s Progressive Environmental Case Law: A Worthy Roadmap for Global Climate Change Litigation

by M. P. Ram Mohan, Els Reynaers Kini, and Sriram Prasad
This Article explores how the long-standing tradition of common law countries, such as India, which have long acknowledged the fundamental right to a healthy and pollution-free life, can assist judges in other jurisdictions and inform global climate governance. Many other common and civil law jurisdictions are faced for the first time with having to interpret […]

Weathering the Storm of Global Climate Litigation: Enabling Judges to Make Sense of Science

by Sandra Nichols Thiam, Jarryd C. Page, John M. Doherty, and Tim Nau
Across the world, judges are increasingly being asked to make decisions on litigation related to climate change. As climate impacts increase in severity over the coming decades, more cases are certain to follow. These cases sometimes require judges to understand both the basic, well-established principles of climate science in addition to cutting-edge techniques in climate […]

Human Rights and Climate Change for Climate Litigation in Brazil and Beyond: An Analysis of the Climate Fund Decision

by Maria Antonia Tigre and Joana Setzer
In 2022, the Brazilian Supreme Court announced a groundbreaking decision in the Climate Fund case. The decision, rendered amidst a challenging political climate, acknowledges the significance of the Paris Agreement within the country’s legal framework. The Court’s ruling established that the executive branch has a constitutional obligation to allocate funds from the Climate Fund for […]

The Perfect Climate for Environmental Trade Coordination: An Analysis of the EU Carbon Border Adjustment Mechanism Through GATT Articles XX and XXI

by Sophia Fossali
The EU Carbon Border Adjustment Mechanism (CBAM) is an effort by the EU to fight climate change by bolstering cleaner production methods, supporting climate mitigation, and promoting sustainable development.1 It requires importers into the EU to pay a levy on carbon emissions released during the production of their carbon-intensive goods, as if the good were […]