In association with the International Commission of Jurists

Environmental Law

29 Jul

Michael Karnavas is a criminal-defence attorney and former President of the Association of Defence Counsel of the ICTY. He currently represents Paul Gicheru at the ICC. This post first appeared on his personal blog. … man has consciously and unconsciously inflicted irreparable damage to the environment in times of war and peace.   Richard A. Falk, 1973 And will continue to inflict irreparable...

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21 Jul

[Carlos A. Cruz Carrillo is a PhD Candidate at the University of Basel. Twitter: @Carcru1118.] The rule of law for oceans faces the challenges presented by climate change. Scientific evidence shows that climate change is causing menacing issues in the oceans. For example, sea-level rise, acidification, and deoxygenation of the oceans, amongst others. (see: 2019 IPCC Special Report on the Ocean and Cryosphere in a Changing Climate). In...

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16 Jul

[Darryl Robinson is a Professor at Queen’s University, Faculty of Law (Canada), specializing in international criminal justice.] In part one of this post, I mapped out the main controversies and choices to be made in defining ecocide.  I now introduce the most difficult conundrum: how to align ecocide with environmental law.  The problems are not initially obvious.  Kevin Heller’s initial posts understandably...

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16 Jul

[Darryl Robinson is a Professor at Queen’s University, Faculty of Law (Canada), specializing in international criminal justice.] In recent weeks, there has been lively debate on the crime of ecocide, in response to the proposed definition from the International Expert Panel (see here, here, here, here, here,  here, here, and here).  In two posts, I offer you an overview – or a...

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01 Jul

[Arvind Ganesan is business and human rights director at Human Rights Watch.] The United Nations formally recognized a decade ago that businesses have a responsibility to respect human rights. It was a groundbreaking development. 10 years later, it’s clear that it was only a first step: we need laws that enforce companies’ duty to protect workers and communities from abuse and hold them accountable if they...

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28 Jun

[Doug Cassel is Emeritus Professor of Law at Notre Dame Law School.] The U.S. Supreme Court ruled this month in Nestle USA Inc. v. Doe that “general corporate activity” in the U.S. is not a sufficient domestic basis to warrant Alien Tort Statute (ATS) jurisdiction over claims against a U.S. corporation for alleged human rights violations overseas. The media response generally echoed that of the...

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24 Jun

[Gabrielle Holly is a Senior Adviser in the Human Rights and Business Department at the Danish Institute for Human Rights and an experienced commercial disputes practitioner. You can find her on twitter at @Gabriellellell.]  In recent years we have seen tremendous momentum behind moves to introduce mandatory human rights due diligence obligations in law, both at the national level and at the international...

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24 Jun

[Penelope A. Bergkamp is a graduate from the National University of Singapore and KU Leuven, and law practitioner in Brussels.] Corporate liability and supply chain liability (SCL) in particular are experiencing a rapid and dramatic revolution. Supply chain liability (“SCL”) is the liability of a multinational corporation for damages caused by its business partners, often in developing countries. The term business partners refers to any business partner,...

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23 Jun

[Paul Mougeolle is a representative of the association Notre Affaire à Tous, legal researcher for the NGO Global Legal Action Network (GLAN) and Ph.D. candidate at University of Paris Nanterre and University of Potsdam.] A wind of change is currently blowing in climate change litigation. Plaintiffs secure pioneering wins before the highest courts of Colombia, the Netherlands, Ireland, France and Germany. On the 26th of May...

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23 Jun

I have been eagerly awaiting the results of the Independent Expert Panel for the Legal Definition of Ecocide (IEP), which includes a number of excellent lawyers and some close friends. The exercise has always been largely symbolic: even if 2/3 of states parties are willing to support an ecocide amendment, which is unlikely, an amendment to Art. 5 of the...

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22 Jun

[Radu Mares is an Associate Professor, Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University (radu.mares@rwi.lu.se)] The last two decades marked a dramatic expansion of civil liability cases against parent companies. In this period, transnational litigation offered a way to get around the legislative inaction or slowness. Indeed, civil liability principles already exist in all home states. They apply to both natural...

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21 Jun

[Ekaterina Aristova is a Post-Doctoral Fellow at the Bonavero Institute of Human Rights. Carlos Lopez is a Senior Legal Advisor at the International Commission of Jurists.] Past decades saw an emerging trend towards reliance on civil liability claims to address business-related human rights abuses. A movement that had initial impetus from the United States of America has now expanded to other continents, especially to Europe. The...

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