EJIL: Talk!

• The Market Substitution Argument in Milieudefensie et al. v. Shell judgment: A Threat to Justiciability for Scope 3 Emissions December 20, 2024
  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 […]
  Paula Nieto
• Decentering Survivors as Dominus Litis in European Court of Human Rights Law December 20, 2024
  Recently (25 November to 10 December), the world marked 16 days of activism against gender-based violence (GBV). The UN recognizes
  Margarita S. Ilieva
• A Legal Framework for a Russia-Ukraine Peace Agreement December 19, 2024
  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 […]
  Gregory Fox
• KlimaSeniorinnen, the prohibition of actio popularis cases, and future generations – a false dilemma? December 19, 2024
  “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 […]
  Corina Heri
• My Patria is The Book: 10 Good Reads 2024 December 18, 2024
  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 […]
  Joseph Weiler
• Greening CERD? The ICJ’s (Over)Cautious Stance on Environmental Harm as Racial Discrimination in Azerbaijan v. Armenia December 18, 2024
  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 […]
  Veronica Botticelli
• Corporate Climate Responsibility After “Milieudefensie vs. Shell” Court of Appeal Decision December 17, 2024
  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 […]
  Carlo Vittorio Giabardo
• Toward a universal treaty on ‘Protection of Persons in the Event of Disasters’ December 17, 2024
  On Wednesday 6th December, the UN General Assembly adopted by consensus resolution A/C.6/79/L.16 submitted by the UNGA Sixth Committee (here). Based on this resolution, the UNGA has decided to ‘elaborate and conclude a legally binding instrument on the protection of persons in the event of disasters, without prejudice to the legal effects of any particular […]
  Giulio Bartolini
• A moment for accountability? Syria and the pursuit of entrepreneurial justice after Assad December 16, 2024
  For those Syrians waking up to a shattered country devoid of its dictator or those exiled by war, no superlative can quite capture the enormity of events that have transpired in the last few days. Assad’s fall not only marks the end of the Ba’ath regime (as occurred across the border in Iraq in 2003), […]
  Michelle Burgis-Kasthala
• Not Having Your International Law and Eating It. On the Nicaragua Moment of International Criminal Justice   December 16, 2024
  You probably assume that you know what the word “expat” means. The writer Lucy Mushita first heard that word from European and American professionals who had come to work in her home country (Zimbabwe); they used it to describe themselves. She looked it up in a dictionary and found out that “expat” designates someone who […]
  Fuad Zarbiyev