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Report on the Concept of “Related Notions”
In the area of climate change, we have found a noteworthy trend of States having recourse to arguments that are not strictly human rights-based but rely on notions that are connected to human rights. Examples of such notions in connection with climate change include sustainable development, the protection of health, the welfare state, intergenerational equity,…
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Report on Climate-Related Litigation and the Separation of Powers
The mounting wave of climate-related litigation has led to growing discussions on the role of the principle of the separation of powers. The issue has been addressed in several scholarly works, and it has also been raised by defendant governments and referred to by judges in their decisions. The crux of the matter is whether…
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Catarina Milo, ‘Environmental and Human Rights Justifications in Investment Arbitration: Probing the Limits of ISDS for the Adjudication of Climate-Related Disputes’, Journal of World Investment & Trade (2025)
Abstract This article examines the capacity of investment arbitration to analyze cases concerning complex issues of public international law, focusing on the challenges connected to climate-related cases. Through the analysis of arbitral awards involving environmental and human rights justifications, this article evaluates ways in which non-economic arguments may be effectively raised in investor-State dispute settlement…
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Climate and Extraterritorial Human Rights Obligations
In November 2024, HRJust Work Package 6 (WP6) researcher Chiara Antoniazzi, published the article “Extraterritorial Human Rights Obligations in the Area of Climate Change: Why the European Union Should Take Them Seriously.” The article contributes to ongoing judicial and academic debates on the extent to which states and supranational actors can be held responsible for…
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Chiara Antionazzi, ‘Extraterritorial Human Rights Obligationsin the Area of Climate Change: Why the European Union Should Take Them Seriously’, European Papers Vol 9. No 2 (2024): pp. 479-512
Abstract While it is by now recognised that climate change is having and will increasingly have a devastating impact on human rights and that ill-conceived climate action can also have adverse repercussions, the legal implications of these dynamics are still debated. This is particularly the case for the apparent incompatibility between the global nature of…
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