Climate Law: An Analysis of the Australian Court Decision

This article examines the landmark judgment by the Australian Federal Court in Sharma v Minister for the Environment, which found that the federal minister for the environment owes all Australian children a duty of care to protect them from the devastating future impacts of the climate crisis on their health and financial wellbeing, as well as on the existence of Australia as we know it today.

Categories Environmental Law

Food Security and Human Rights: Examining Article 11(2) of the ICESCR

Article 11(2) of the International Covenant on Economic, Social and Cultural Rights protects civilians’ rights to an adequate standard of living. The current climate crisis is putting food security at risk in turn threatening the rights outlined in the convention. Arguably, the convention is not doing enough to ensure the rights entailed in this convention are upheld and is incapable of responding to environmental threats.

Categories Environmental Law

Cracking the Shell: Royal Dutch Shell Mandated to Cut Emissions

In April 4th, 2018, Dutch NGO Milieudefensie started a lawsuit against Shell. On February 12th, 2019, six other Dutch NGO’s joined Milieudefensie as plaintiffs (those who bring a case to court) [1]. On the other side of the court, there was Shell. Shell is listed as 7th in the top 20 companies that contributed to global warming with historical emissions (1965 - 2017), almost four times higher than the Netherlands; of these emissions, 90% originate from their products, and 10% from the extraction and transport of the fossil fuels. The court ruled that Shell is obliged to reduce the CO2 emissions of the Shell group’s activities by net 45% at end 2030, relative to 2019,

Categories Environmental Law

Kiribati Relocation Strategy: An Exploration Of The Risks Kiribati Faces If Sea Levels Continue To Rise

This article examines the debates surrounding the future of small island nations such as Kiribati, which may completely disappear under the rising sea in the next 25 years. Rather than becoming “climate refugees” the I-Kiribati would prefer to move legally, with their rights fully respected, either as skilled workers or as part of a “deliberate relocation strategy” to Fiji. This too, however, doesn’t come without its challenges. - According to the IPCC Kiribati may completely disappear by 2050. - There is no legal status for so-called “climate refugees”, so what are people forcefully displaced by the climate crisis? The I-Kiribati do not want to become “climate refugees” and are pursuing, instead, “Migration with Dignity” and the possibility of relocation to Fiji.

Categories Climate Justice