EJIL

KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

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KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

“Did the Court in KlimaSeniorinnen create an actio popularis?” Eight months after the ECtHR’s climate judgment against Switzerland, this question remains a bone of contention both in Swiss politics and among scholars. It relates to whether the ECtHR, in allowing for representative climate applications by associations, jettisoned admissibility requirements and allowed for abstract public interest complaints. On several recent occasions, George Letsas has examined this question, and proposed an innovative answer: Namely that the Court’s much-discussed approaches to victim status and standing can be justified, but only if understood as a recognition of the rights of future generations. Although this proposal is intriguing, it is neither evident based on the text of the KlimaSeniorinnen judgment, nor is it the only way to avoid actio popularis allegations. This post suggests an alternative approach, arguing that a simpler and more convincing answer lies in the affectedness of the older women at the heart of the case.

I. Who was the victim in KlimaSeniorinnen? Letsas’s proposal

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Decentering Survivors as Dominus Litis in European Court of Human Rights Law – EJIL: Talk! – Go Health Pro

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KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

Recently (25 November to 10 December), the world marked 16 days of activism against gender-based violence (GBV). The UN recognizes intimate partner violence and technology-facilitated violence against women as some of the most common forms of violence against women (VAWG) globally.

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A Threat to Justiciability for Scope 3 Emissions – EJIL: Talk! – Go Health Pro

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KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

Introduction On November 12, 2024, the Hague Court of Appeal overturned the judgment of the Hague District Court in Milieudefensie et al. v. Shell. While some elements of the legal reasoning remained aligned with the District Court’s decision there were notable shifts. For instance, the Court of Appeal reaffirmed that Shell has a responsibility to … Read more

A Legal Framework for a Russia-Ukraine Peace Agreement – EJIL: Talk! – Go Health Pro

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KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

Reports of a possible Russia-Ukraine peace agreement continue to bubble and churn. The latest is an apparent Russian rejection of a peace plan floated by the Trump transition team.  Uncertainty over the specifics of an agreement is likely to continue at least until the new administration takes office.  But potential provisions are almost certainly being … Read more

10 Good Reads 2024 – EJIL: Talk! – Go Health Pro

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KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? – EJIL: Talk! – Go Health Pro

Here, again, is my pick of ‘Good Reads’ from the books I read in 2024. I want to remind you, as I do every year, that these are not ‘book reviews’, which also explains the relative paucity of law books or books about the law. Many excellent ones have come my way this year, as in previous years, but an excellent law book is not always, in fact rarely is, a ‘good read’ in the sense intended here: curl up on the sofa and enjoy a very good read, maybe even as a respite from an excellent law book. I should also point out that some of these ‘good reads’ are not necessarily literary masterpieces – and yet, still, they are very good reads.

You may note the new title to the series. Given my peripatetic life and persona, I am regularly asked: Where are you truly from? Where is your Home? Hogar? Heimat? Bayit? Casa? Maison? Dom? My my, the enduring power of territoriality as a signifier.  Maybe a better question would be: Where do you feel mostly ‘at home’? Here my answer is easy: my Patria is The Book, the quintessential Wandering (and Wondering) Jew – at home everywhere and nowhere.

My own reading habits are eclectic – so I hope there is something for everyone – as a Christmas gift or even a gift to oneself.

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