The ICC has the power to prosecute people (and not nations or organisations) for four types of crimes: genocide, crimes against humanity, war crimes, and aggression.There is a formulated legal definition of ecocide as a prospective 5th offence under the Rome StatuteEcocide: activities done with knowledge that those acts have a strong possibility of causing severe and either widespread or long-term environmental damage
The carbon cycle is a biogeochemical process in which carbon is exchanged between reservoirs through fluxes over a period of time. The dynamic equilibrium of the carbon cycle is heavily disrupted due to human emissions from burning fossil fuels and land degradation, leading to increased levels of carbon dioxide. The Keeling curve is the longest recorded graph of CO2 concentration in the atmosphere on Earth; it indicates that CO2 levels today are the highest in 800,000 years.
Within the strict interpretation of the law, “corporate environmental crimes are strictly speaking not a crime”. The 2008 Environmental Crime Directive states that there is no need to demonstrate the defendants' intention, negligence or fault concerning the harm caused.
As it hasn’t sufficiently reduced greenhouse gas emissions, the Netherlands couldn’t fulfill its duty of care towards its citizens, neither under Dutch Tort Law nor from a Human Rights perspective. According to the issuing courts there is a sufficient causal link between the greenhouse gas emissions of the Netherlands, global climate change, and the Dutch living environment, even if these emissions are relatively small. The courts played an important role in this case and were able to interfere in policy matters (despite the separation of powers) as they only set the required mitigation outcome but no specific measures on how to reach this outcome.
Human rights cannot be guaranteed without environmental protection The necessity for environmental law only came after WWII Better legislation and implementation is needed to ensure the effectiveness of environmental law
According to the Intergovernmental Panel on Climate Change (IPCC), the number of people displaced by natural disasters and the effects of climate change will grow exponentially over the next few decades. This second article of a two-part series presents some of the key recommendations from the 2015 Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change (Protection Agenda).
According to the Intergovernmental Panel on Climate Change (IPCC), the number of people displaced by natural disasters and the effects of climate change will grow exponentially over the next few decades. This first article of a two-part series introduces some of the challenges stemming from cross-border disaster displacement, and examines the context which led to the launch of the Platform on Disaster Displacement and the 2015 Protection Agenda.
The Escazú Agreement is a multilateral treaty across Latin America and the Caribbean committing to people’s right to a healthy environment. It has been signed by 24 countries and ratified by 12 in an unprecedented move to protect the environment in the region. The judicial system is an essential part of protecting and giving rights to nature.
The Aarhus Convention regulates access to information, public participation in decision-making and access to justice in environmental matters.
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.