Posts by ilrdigit
Standing as a Procedural Challenge to Advancing Climate Change Litigation at the European Court of Human Rights and the European Court of Justice
by Alejandra Ureta Melcon Background The European Court of Justice (ECJ), as the apex court in the European Union (EU), adheres to strict procedural requisites for standing delineated in the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Article 263 of the TFEU plays a pivotal role,…
Read MoreHow Gender and Climate Change Intersect: A Case Study from Iraq
Written by Sierra Buehlman Barbeau Iraq’s water supplies have been deteriorating for several decades, especially in the agriculture and domestic sectors.[1] This disaster drastically affects the Marsh Arabs, a community that relies on the marshes in Southern Iraq for survival. Many problems have contributed to this situation, including local and national mismanagement, the oil…
Read MoreCommerce’s Use of Adverse Facts Available in Anti-Dumping Investigation on Urea Ammonium Nitrate Solutions from Russia
Written by Mia Howard Introduction Recently, the Department of Commerce’s (“Commerce”) use of adverse facts available (“AFA”) has become one of the most controversial aspects of the United States’ trade remedies regime.[1] Under Sections 776(a)(1) and 776(a)(2)(A)-(D) of the Tariff Act of 1930 (“the Act”), Commerce may apply AFA after determining a party to the…
Read MoreA Shot in the Democratic Backsliding Dark: Poland’s Road to Judicial Independence Recovery
Written By Reganne Hardy A Shot in the Democratic Backsliding Dark: Poland’s Road to Judicial Independence Recovery For the past eight years, the Law and Justice Party (Prawo i Sprawiedliwosc, PiS for short) dominated Poland’s elections. PiS is characterized by its intense right-wing, nationalist rule and promise to undo Western liberal influence through media and…
Read MoreHuman Rights and Climate Change: An Introduction
Written by Sierra Buehlman Barbeau This article provides background information for our latest podcast episode, The Future of Climate Change and Human Rights, which discusses upcoming international court advisory opinions on human rights and climate change. Climate change is drastically impacting the human rights of people around the world. As climate change worsens and society…
Read MoreRethinking Polluter Pays: Would “Exploiter Pays” Achieve More?
Written by Sierra Buehlman Barbeau Introduction: One of the fundamental challenges of international environmental law in the 21st century is determining responsibility and reparations for the harms stemming from climate change. When considering the massive damages developing countries and low-lying countries have experienced and will face due to climate change, there is much debate over…
Read MoreAddressing the Cocaine Hippo in the Room: Ethical Dilemmas of Invasive Species Management under the Biodiversity Convention
Written By Kathleen Burns The hippopotamus is listed as a vulnerable species and is facing serious anthropogenic threats in Africa.[1] Across the Atlantic Ocean, however, hippos are thriving in the Magdalena River basin of Colombia, making them the largest invasive animal in the world.[2] Their devastating impact on the surrounding environment presents an ethical dilemma…
Read MoreProposed Criminal Law Changes to Threaten North Macedonia’s Decades Long EU Ascension Aspirations
Written by Caitlyn Olson Introduction Shortly after North Macedonia gained its independence from the former Yugoslavia in 1991, the Balkan state sought to rapidly establish its international legitimacy by becoming a member of the United Nations and signing the Stabilization and Association Agreement with the European Union (EU).[1] In 2004, the Agreement entered into…
Read MoreShoot for the Star(link)s – But First You Need a Targeting Analysis
Written by Elizabeth Staffeldt INTRODUCTION The war in Ukraine has been a large part of the daily news cycle since the invasion in February 2022.[i] From the beginning, states have been providing aid to Ukraine by way of money and military goods.[ii] States have not been the only contributors to Ukraine’s fight against Russia.…
Read MorePositive Obligations and Climate Change Under the European Convention on Human Rights
Written by Alejandra Ureta Melcon States’ blatant failure to take sufficient action, especially concerning mitigating emissions, has caused climate change to cross the line from a political talking point to a human rights emergency. Although the European Convention on Human Rights (“ECHR”) does not enshrine a specific right to a healthy environment, the European…
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