Sustainability & Green Policies

Blogs

• PFAS: Persistent Forever, Accountability Strengthened

  By Michaela Camia

  Concerns about the harmful effects of Teflon and other PFAS-containing products are growing worldwide. The blog 'PFAS: Persistent Forever, Accountability Strengthened' delves into the issue of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals" due to their persistent presence in the environment.

  The blog explores the increasing concerns over PFAS, highlighting their inadequate regulation and the potential consequences for public health and the environment. It also examines the legal challenges surrounding these chemicals and their widespread impact.

  Curious to learn more? Read the entire blog to discover the far-reaching effects of PFAS and the legal battles that continue to unfold.
  

• Appeal of Milieudefensie v Shell, shifted duty of care and future litigation

  By Piotr Pukowski

  The author of this blog provides a short overview of the Judgment of Shell v Milieudefensie case in the Court of Appeal of the Hague. The Court found that scope 3 emissions cannot be attributed to companies such as Shell due to a lack of any ‘law’ that would force or incentivise companies to lower their scope 3 emissions. This shows a shift of climate change burden, from companies to states.

  If you're curious to learn more about this topic, read the full blog for a deeper dive into the Shell v Milieudefensie judgment and its implications for corporate climate responsibility.

• Should Environmental ISOs Become Legally Binding for the International Community?

  By Ella Irwin

  This blog dives into the question of what International Organisation for Standardisation guidelines (ISO Standards) are, how they fit into international law disciplines, and whether incorporating environmental ISO Standards into treaties — such as the Paris Agreement — would be beneficial. A quick overview of some arguments both for and against the implementation of ISO Standards into new areas of international law is presented as a brief exploration into this nuanced topic. Read the full blog! 

• Environmental Protection in the European Union: The Potential to Grant Rights to Nature

  By Caterina Ecclesia

  The present climate crisis has prompted many states to amend their legislation to provide more comprehensive environmental protection. In the 1970s, Professor Christopher D. Stone put forward an idea to grant legal rights to nature, which has inspired countries today to create new legislation surrounding that concept.  This article aims to display the foundation of the Rights of the Nature Movement that came forward from Stone’s proposal, and its further potential. It examines the present state of environmental protection through climate litigation in Europe, with a specific focus on the effects of the Aarhus Convention and the use of human rights to protect the environment. The article then turns to one of the most comprehensive proposals for the adoption of nature’s rights at an EU level, “Towards an EU Charter of the Fundamental Rights of Nature”, assessing its transformative potential. While acknowledging significant political, economic, and cultural challenges, the article contends that recognising nature as a legal subject could offer a more effective legislative mechanism for environmental protection in the EU. Ultimately, the recognition of nature’s rights is presented not only as a legal reform but as a broader ethical and societal shift toward an ecocentric understanding of the law. Read more!

• Climate Action and Indigenous Rights under the ECHR

  By Anna Henriettedatter Skjaeret

  This blog examines how state-driven climate action can disproportionately affect Indigenous communities, and how this is addressed under the ECHR. This issue will be examined through a comparative case study of the lawfulness of applications for lithium extraction on Indigenous land in the US. With a basis in the right to private and family life under Article 8 of the ECHR, this assessment considers proportionality, necessity, and distributive justice. Ultimately, this blog argues that the perceived conflict between climate protection and Indigenous rights is not inevitable. Rather, it reflects shortcomings in implementation and a lack of meaningful participation by affected communities. Continue reading!

• Climate Migration and the Protection Gap in International Law: An Unresolved Crisis

  By Mishaal Shami

  This blog argues that the international legal protection gap faced by climate-displaced persons is not merely the result of outdated refugee definitions but instead reflects a deeper structural bias within international protection regimes towards individualized, imminent, and attributable harm. This blog will further examine the limitations of the 1951 Refugee Convention, looking specifically at the persecution, nexus, and individualized risk requirements under Article 1A (2), and will analyze the UN Human Rights Committee’s decision inTeitiota v New Zealand, effectively demonstrating that both refugee law and human rights law struggle to accommodate slow onset, collective, and environmentally driven forms of harm. Generally, it is argued that climate displacement exposes a fundamental misalignment between the way international law conceptualizes harm and the lived realities of climate affected communities, urging for protection to be developed beyond the refugee framework rather than through narrow reinterpretation. Read here!