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

A Threat to Justiciability for Scope 3 Emissions – 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

A Threat to Justiciability for Scope 3 Emissions – 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

A Threat to Justiciability for Scope 3 Emissions – 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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Greening CERD? The ICJ’s (Over)Cautious Stance on Environmental Harm as Racial Discrimination in Azerbaijan v. Armenia – EJIL: Talk! – Go Health Pro

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

On 12 November 2024, the International Court of Justice (ICJ, ‘the Court’) delivered its ‘twin’ judgments on Azerbaijan’s preliminary objections on jurisdiction in Armenia v. Azerbaijian, and on Armenia’s preliminary objections on jurisdiction and admissibility in Azerbaijan v. Armenia. Both cases, brought in late 2021, invoked Article 36(1) of the ICJ Statute and Article 22 … Read more

Corporate Climate Responsibility After “Milieudefensie vs. Shell” Court of Appeal Decision – EJIL: Talk! – Go Health Pro

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

Introduction. Tort Law Climate Litigation The recent decision by The Hague Court of Appeal on 12 November 2024 in the case Milieudefensie vs. Shell was eagerly awaited in both legal academia and the oil and gas industry. It overturns the path-breaking initial 2021 judgment, in which the Shell group was ordered to reduce its aggregate … Read more

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