The Podcast! Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times – EJIL: Talk! – Go Health Pro

The Podcast! Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times – EJIL: Talk! – Go Health Pro

This episode draws together perspectives on where we are, and international law’s past and future, from the vantage points of the climate regime, global economic governance, and the architecture on the use of force. Christina Voigt (Professor in the Department of Public and International Law, University of Oslo, first Co-chair of the Paris Agreement’s Compliance … Read more

Time and Temporality before the ICJ in the Advisory Opinion on Obligations of States in respect of Climate Change – EJIL: Talk! – Go Health Pro

The Podcast! Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times – EJIL: Talk! – Go Health Pro

The ICJ’s Advisory Opinion on Obligations of States in respect of Climate Change is one of a string of recent cases which has brought the ICJ to the centre of public discussions of international law (see coverage of proceedings on the BBC, the Guardian, and Forbes), and academic commentators have already noted the significance of the case for procedural rules on the participation of small island developing states and amicus curiae from NGOs, the establishing of obligations erga omnes, and the Court’s use of experts fantômes. In this short post, I want to focus on a different aspect of the Advisory Opinion: namely, its temporal significance, as a decision over when climate change began, how it manifests in our present, and how it will develop in the future.

Time may seem a marginal issue for understanding climate change. Yet across the submissions of the 96 states and 11 international organisations participating in the case, different histories, presents, and future expectations are again and again put before the ICJ to guide its decision. For some states, climate change has a long history, its origins stretching back decades to the emergence of scientific consensus on climate change in the 1960s, or even further back to colonial possession of natural resources and the Industrial Revolution (see, for example, Kenya’s submissions that carbon dioxide emissions should be measured from 1850). This creates a differentiated present: while some states have historically made the largest contributions to climate change, it is others that have been forced to bare its brunt. Accordingly, the history of climate change alters expectations about its future regulation. With the pollution of some states already threatening the existence of others, the ICJ must recognise legal obligations between these states which can halt and rectify the existing damage caused by climate change and restore the right of those states to self-determination over their future (see, among many passing citations by other states, the detailed submissions on self-determination by the Melanesian Spearhead Group, the Republic of Fiji, the Marshall Islands, Papua New Guinea, Kiribati, Liechtenstein, Micronesia, Namibia, Nauru, Palau, Saint Vincent and the Grenadines, Samoa, and Tuvalu).

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CfB International Human Rights Law in Practice; EIL Ethical Standards and Judicial Discipline Webinar; CfA Climate Heritage Reparations; International Energy Law Seminar; CfP Perspectives on Sustainable Development in the Artic; Climate Change Education Workshop; Law of the Sea Summer Academy; EU Law in Changing Europe Masterclass; CfS Netherlands Yearbook of International Law; CfP Canadian Yearbook of International Law – EJIL: Talk! – Go Health Pro

The Podcast! Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times – EJIL: Talk! – Go Health Pro

1. Call for Books: International Human Rights Law in Practice Series.  The Series Editors of the International Human Rights Law in Practice Series are inviting proposals for the publication of monographs, edited volumes, and commentaries, on any aspect falling within the remit of the Series. The Editors are particularly interested in books touching on aspects of the following topics: (i) Addressing Inequalities within and among States through Human Rights; (ii) Climate Change and Human Rights Law; (iii) Human Rights in Armed Conflict: Case studies; and (iv) Migration and Human Rights Law. Prospective authors should submit by 30 June 2025 the following: (i) a 1600-word overview of the content and structure the book; (ii) a 700-word outline of the reasons as to why the book should be published in light of existing case law and literature; (iii) a sample chapter (only in the case of manuscripts at an advanced stage); and (iv) a curriculum vitae. Submissions should be sent to the attention of Lauren Danahy, Acquisitions Editor at lauren.danahy {at} brill(.)com. After a first in-house assessment, the proposal shall be submitted to double-blind peer review. Once a proposal is accepted, prospective authors shall be invited to produce the entire manuscript, which will be, in turn, submitted to double-blind peer-review.  

2. ELI Webinar on Ethical Standards and Judicial Discipline. On 27 November 2024, the European Law Institute (ELI), adopted its ELI-Mount Scopus European Standards of Judicial Independence, available here, to strengthen and uphold the impartiality of European judiciaries. The third webinar in the Judicial Independence Series will take place on 12 February 2025 from 12:30–14:00 CET. More information and registration here.

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The EU-Mercosur Free Trade Agreement – A “race to the bottom” when it comes to EU’s climate goals? – Official Blog of UNIO – Go Health Pro

The EU-Mercosur Free Trade Agreement – A “race to the bottom” when it comes to EU’s climate goals? – Official Blog of UNIO – Go Health Pro

Ana Cardoso (PhD candidate at the School of Law of University of Minho) I. The European Union (EU) is one of the most active actors in the field of environmental protection worldwide.[1] However, today some of the EU’s most important partners – namely the United States of America (USA) – have adopted highly protectionist positions[2] … Read more

Progress through disruption? What role for the ICJ in the Advisory Opinion on Climate Change – EJIL: Talk! – Go Health Pro

The Podcast! Episode 31: Gradually, then Suddenly — Climate, Trade and the Charter Order in Precarious Times – EJIL: Talk! – Go Health Pro

In the International Court of Justice’s (ICJ) advisory procedure on international obligations of states in respect of climate change the US government raises the concern that the ICJ could disrupt the cooperative legal system that states have established under the UNFCCC, Kyoto Protocol and the Paris Agreement (PA) through its interpretation of customary law (written … Read more

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