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.
by Anna Bortolussi Country Portugal, European Union Defendant(s) States Law Applied International Human Rights Law; International Environmental Law; European Convention on Human Rights; United Nations Framework Convention on Climate Change (UNFCCC); Paris Agreement. Key words States; Human Rights; Mitigation; Climate Justice. Case Information: Court(s): European Court of Human Rights Dissenting Judgement? No Filing Date: 2020 Last Update: 2022 Status: Pending ISSUES...
by Temi Lawal Country Canada Defendant State Law Applied Civil Law; Constitutional Law; Domestic Human Rights Law; Canadian Charter or Rights and Freedoms; Quebec Charter or Rights and Freedoms; Quebec Code of Civil Procedure. Key Words States; Human Rights; Mitigation; Climate Justice. Case Information: Court(s): Quebec Court of Appeal, Quebec Superior Court Dissenting Judgement? No Filing Date: 2018 Last Update: 2022 Status: Pending...
by Anna Bortolussi Country Germany Defendants State Law Applied Constitutional Law; International Human Rights Law; Domestic Environmental Law. Key words Germany; Federal Court; Constitutional Law; Environmental Law; Human Rights Law. Case Information: Court(s): Federal Court of Germany Dissenting judgement: NoFiling date: 2020Last Update: 2021Status: Decided ISSUES The Federal Court of Germany was asked to determine whether, as the claimants alleged, Germany’s Federal...
By Virginia Raffaeli Country: Canada Defendants: State Law Applied: Constitutional Law; International Human Rights Law; Canadian Charter or Rights and Freedoms; Constitution of Canada. Key words: Human Rights; Mitigation; Just Transition; Public Trust. Case Information: Court(s): Federal Court; Federal Court of AppealDissenting Judgement: NoFiling Date: 2019Last Update: 2021Status: Pending ISSUES Whether a group of Canadian youths raised valid causes of action...