Standing as a Procedural Challenge to Advancing Climate Change Litigation at the European Court of Human Rights and the European Court of Justice
By ilrdigit | | Blog
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 More How Gender and Climate Change Intersect: A Case Study from Iraq
By ilrdigit | | Blog
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 More Commerce’s Use of Adverse Facts Available in Anti-Dumping Investigation on Urea Ammonium Nitrate Solutions from Russia
By ilrdigit | | Blog
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 More A Shot in the Democratic Backsliding Dark: Poland’s Road to Judicial Independence Recovery
By ilrdigit | | Blog, Current Events
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 More Human Rights and Climate Change: An Introduction
By ilrdigit | | Blog, Podcast
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 More Rethinking Polluter Pays: Would “Exploiter Pays” Achieve More?
By ilrdigit | | Blog
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…
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