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Kenya’s Climate Change (Carbon Markets) Regulations 2024 as a Tool for Climate Change Litigation
11th December 2024
On 7 June 2024, Kenya gazetted the Climate Change (Carbon Markets) Regulations 2024 under the Climate Change Act 2016. Kenya is one of only eight African countries that have enacted carbon market regulations. These regulations are intended to bring order to a previously unregulated carbon crediting programme. The regulatory hiatus exposed vulnerable communities to negative social and environmental impacts arising from carbon projects (See Simon Counsell "Blood Carbon: How A Carbon Offset…
Climate Law and Litigation BlogLitigating Climate Change in the Global South
11th December 2024
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon, relatively few studies focus on climate case law emerging in the Global South, its distinctive characteristics and the contribution it is making, and may make, to implementation of international climate laws like the Paris Agreement. Drawing on our earlier research, Litigating Climate Change in the Global South is the first monograph-length work in the English language to provide…
Climate Law and Litigation BlogShifting the Mitigation Burden: Outcomes and Implementation Opportunities of the Landmark South Korean Climate Case
11th December 2024
In August 2024, the Constitutional Court of Korea broke new ground in climate change litigation by finding Article 8(1) of South Korea's Carbon Neutrality Framework Act in violation of the right to a healthy environment. The ruling in Do-Hyun Kim et al v South Korea marks the first victory in East Asia for plaintiffs in a 'framework' case - which challenge governments' overall efforts to mitigate climate change - and aligns considerably with the findings of similar landmark decisions…
Climate Law and Litigation BlogAdvancing Climate Justice through Creative Lawyering: Lessons from the Global South
11th December 2024
The Global South, encompassing much of the developing world, stands at the forefront of experiencing the devastating impacts of climate change. As highlighted during the recently concluded 29th Conference of the Parties (COP29), developing countries are advocating for increased support and funding to both mitigate and adapt to the rapidly changing climate. Furthermore, the most vulnerable and marginalized populations are increasingly seeking legal remedies through courts and other tribunals to…
Climate Law and Litigation BlogThe Strength of the Courts to Take a Comprehensive, Long-Term View in Japan: Lessons from the Kobe Case
11th December 2024
Conclusion of Kobe Civil Litigation Appeal Trial and its Background On October 23, 2024, the Osaka High Court concluded the Kobe civil case. This case is the second climate change case in Japan, filed in September 2018, following the Sendai case filed in September 2017. However, in the Sendai case, the issue of climate change was excluded at an early stage of the first instance by the presiding judge's suggestion. Therefore, this case is the first substantive climate change lawsuit in Japan.…
Climate Law and Litigation BlogThe Brazilian Supreme Court and the Climate Fund Case
11th December 2024
In PSB et al v Brazil, several Brazilian political parties (the Partido dos Trabalhadores (PT), the Partido Socialismo e Liberdade (PSOL), the Partido Socialista Brasileiro (PSB) and Rede Sustentabilidade) filed a Direct Action of Unconstitutionality by Omission (case number ADO 60) in the Federal Supreme Court of Brazil, which was subsequently admitted by the Court under a different constitutional action - an Action for Breach of a Fundamental Precept (case number ADPF 708). The claimants…
Climate Law and Litigation BlogShell v Milieudefensie: Sowing the Seeds for Future Climate Litigation against Fossil Fuel Producers
11th December 2024
The Hague Court of Appeal's ruling in Shell v Milieudefensie was, strictly speaking, a win for Shell: it overturned the specific emissions reduction target imposed on Shell by the District Court of The Hague. However, the appeal judgment also sows the seeds for future litigation against fossil fuel companies. Background The case was brought by a group of environmental NGOs led by Milieudefensie (Friends of the Earth Netherlands) in 2019, claiming that Shell had committed a tort by breaching…
Climate Law and Litigation BlogIntroducing the BIICL Climate Law and Litigation Blog: Bridging Global Perspectives and Legal Innovation
10th December 2024
We are proud to introduce the Climate Law and Litigation (CLL) Blog, a pioneering initiative by the British Institute of International and Comparative Law (BIICL). This platform builds on BIICL's growing expertise in Climate Change Law and Litigation, providing a collaborative space for thought leadership and interdisciplinary dialogue. The CLL blog will feature contributions from leading experts across every continent, including contributions drawn from over 200 practitioners, academics,…
Climate Law and Litigation Blog