Nome da Revista: Review of European,
Comparative and International Environmental Law
Classificação: B1
Dossiê Temático: International
Climte Litigation
Prazo: 31/01/2022
Titulação: Não informada
Ideas have been floating for a number of years about the potential of using international courts to pursue enhanced action on climate change. These ideas seem to be gaining new momentum in light of both an increasing dissatisfaction of many stakeholders with the pace and outcomes of the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC), and the multiplication of substantive judicial decisions on climate change before domestic courts. Several small island developing states are considering ways to initiate proceedings before the International Court of Justice (ICJ), most likely through a request for an advisory opinion. Scholarly discussions have also explored the potential of climate litigation before the International Tribunal on the Law of the Sea (ITLOS), international arbitral tribunals, or various regional courts. A treaty adopted by Antigua and Barbuda and Tuvalu on 31 October 2021 creates the Commission of Small Island States on Climate Change and International Law with the view facilitating a request for an advisory opinion of ITLOS. The Stop Ecocide Foundation is conducting a campaign for the insertion of a crime of ecocide in the Rome Statute of the International Court of Justice, which could create another entry point for international climate litigation. At least four climate-related cases are now pending before the European Court of Human Rights, and two others before quasi-jurisdictional UN treaty bodies (the Human Rights Committee and the Committee on the Rights of the Child). And trade- and investment-specific dispute settlement mechanisms could perhaps also be used for strategic climate litigation.