What is it about?
As climate negotiations fail to deliver the progress that States, activists, and others desire to see in tackling climate change, attention is rapidly turning to potential legal responses. This paper investigates the potential of the ICJ’s contentious procedure as a forum for climate-related complaints, and focuses in particular on the provisional measures phase of a case.
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Why is it important?
We consider the potential for a climate-related application for interim protection to meet the test set down by the Court for the issuing of a provisional measures order: prima facie jurisdiction, plausibility, and an urgent risk of irreparable prejudice. We conclude that a carefully constructed climate application could meet these criteria, but that it would be important to foresee and take account of a future application for interim protection from the outset in designing a case.
Perspectives
Climate change is the pressing technological and scientific issue of our time, permeating law, economics, politics and other disciplines. As international lawyers, we wanted to reflect on whether our craft as lawyers can be put in the service of the fight against human-created climate change. This article is the first step.
Gleider Hernández
Associatie KU Leuven
Read the Original
This page is a summary of: The World Is Burning, Urgently and Irreparably – a Plea for Interim Protection against Climatic Change at the ICJ, The Law and Practice of International Courts and Tribunals, July 2023, De Gruyter,
DOI: 10.1163/15718034-bja10095.
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