Environmental Law

[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...

[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...

[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,...

[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...

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...

[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...

[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...

Events Women and the International Law Commission: The Minerva Law Network is pleased to announce an event on "Women and the International Law Commission" on 30 June from 11:00–12:00 CEST. This is an online webinar where the panelists, who comprise current and former women of the International Law Commission, will discuss their experiences in the Commission and their work on the...

Events Webinar on Palestine, Israel and the ICC: The Nottingham Law School (NLS) Centre for Rights and Justice is pleased to announce a webinar on 'The Long Walk to Justice: Palestine, Israel and the International Criminal Court' on 12 April 2021 from 4:00 pm - 6:00 pm. The webinar will host the contributions of Prof Richard Falk, former UN special rapporteur on...

Carly A. Krakow is a PhD Candidate in International Law and Judge Rosalyn Higgins Scholar at the London School of Economics and earned her MPhil in International Relations and Politics from the University of Cambridge. Twitter: @CarlyKrakow. Acknowledgement: I am grateful to Gerry Simpson for his comments on an earlier version of this piece. Photo credit: Fibonacci Blue Is it possible...

Call for Papers Call for Papers, Book Reviewers, and Student Prize: Irish Yearbook of International Law: The Editors-in-Chief invite submissions on any area of public or private international law for publication as an article in the Irish Yearbook of International Law (IYBIL). The IYBIL Student Prize – consisting of €250, generously sponsored by the Irish Department of Foreign Affairs – will...

Alessandro Rollo is an associate at Omnia Strategy in London specialising in public international law, international dispute resolution, and human rights. Photo Credit:  Maik Kleinert Introduction The Escazú Agreement is the first treaty addressing access to information, public participation and justice in environmental matters in Latin America and the Caribbean. Hailed as a long-awaited breakthrough in the region’s environmental governance, the treaty provides...