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copy-for-spanish-icj-ao_litigation-notes-digest_feb2026-2.0-fc3f7f8fe10f06a5.pdf
This guide, published by the Center for International Environmental Law (CIEL) in February 2026, provides structured 'Litigation Notes' to help lawyers integrate the findings of the International Court of Justice's (ICJ) July 23, 2025, Advisory Opinion (AO) on State obligations regarding climate change into current and future legal cases. The document breaks down the ICJ's conclusions into thematic areas, including government framework litigation, adaptation, remedies and reparations, the right to a healthy environment, corporate conduct, climate finance, speculative interventions, and regulatory backsliding. It aims to translate the ICJ's normative clarity into practical tools for promoting climate justice across national, regional, and international courts.
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Document type: Guide
Litigation Note
This guide provides a series of structured 'Litigation Notes' designed to help legal practitioners integrate the findings of the International Court of Justice's (ICJ) July 23, 2025, Advisory Opinion (AO) on States' obligations regarding climate change into domestic, regional, and international court cases. The document breaks down the ICJ AO by key themes—including government framework cases, adaptation, remedies and reparations, the right to a healthy environment, corporate conduct, climate financing, speculative interventions, and regulatory rollbacks—providing specific excerpts from the opinion and illustrating their application through existing and potential litigation categories.
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Document type: Guide
ICJ AO Litigation Notes Digest February 2026
This litigation note, published by the Center for International Environmental Law (CIEL) in February 2026, provides a guide for legal practitioners to integrate the International Court of Justice's (ICJ) July 23, 2025, advisory opinion (AO) on climate change into government framework litigation. It specifically focuses on 'Ambition Gap' and 'Implementation Gap' cases, detailing how the ICJ's findings on Nationally Determined Contributions (NDCs), due diligence, and human rights can be used to challenge insufficient government climate policies.
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Document type: Guide
[논평] 탈탄소 전환은 “피할 수 없는 길”이라며, 1.5℃ 목표 달성 위한 헌법적∙국제법적 책임 회피한 이재명 정부 2035 NDC
Plan 1.5 criticizes the South Korean government's 2035 Nationally Determined Contribution (NDC) for setting a lower bound that fails to meet constitutional and international legal responsibilities for the 1.5°C climate goal.
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Document type: Statement
Deklarasi Orang Muda untuk Keadilan Iklim, Keadilan Energi, Keadilan Ekonomi, dan Keadilan Antar Generasi
A declaration by Indonesian youth, read at the Pesta Energi Bersih Berkeadilan in Yogyakarta, demanding a just energy transition that prioritizes human rights and local ecosystems over corporate profit and resource exploitation.
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Document type: Statement
HISTORIC CLIMATE RULING AT THE INTERNATIONAL COURT OF JUSTICE
This briefing by the Center for International Environmental Law analyzes a July 23, 2025, advisory opinion from the International Court of Justice (ICJ) regarding States' obligations to address climate change. The ruling, adopted unanimously by 15 judges, establishes that States have binding obligations under international law to protect the climate system, phase out fossil fuels, and provide reparations for climate damage.
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Document type: Briefing
Consultation on CEPA Right to a Healthy Environment Draft Implementation Framework
A joint statement by five environmental and health organizations providing recommendations to the Government of Canada to strengthen the draft Implementation Framework for the Right to a Healthy Environment under the Canadian Environmental Protection Act, 1999 (CEPA).
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Document type: Statement
States’ Human Rights Obligations in the Context of Climate Change
This report by the Center for International Environmental Law (CIEL) and the Global Initiative for Economic, Social & Cultural Rights (GI-ESCR) analyzes the 2023 activities of UN Human Rights Treaty Bodies (HRTBs) regarding states' human rights obligations in the context of climate change. It tracks the increasing frequency of climate-related references in state reporting procedures and examines specific themes such as fossil fuel extraction, the right to a healthy environment, loss and damage, and intergenerational equity.
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Document type: Report
Maastricht Principles on The Human Rights of Future Generations
The Maastricht Principles on The Human Rights of Future Generations is a statement adopted on 3 February 2023 that clarifies the application of international law to the human rights of generations not yet born. It establishes a framework of state obligations to respect, protect, and fulfil these rights, emphasizing the necessity of intergenerational justice, the principle of trusteeship over Earth's natural systems, and the role of Indigenous Peoples' knowledge in ensuring long-term sustainability.
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Document type: Statement
The youth activists leading the way
A statement by Jean McLean of the Green Economy Coalition emphasizing the critical role of youth activists in addressing climate, environmental, and economic crises, while calling for greater intergenerational collaboration to ensure the burden of change does not fall solely on the younger generation.
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Document type: Statement
D.G. KHAN CEMENT COMPANY V. GOVERNMENT OF PUNJAB
This case study describes a decision by the Supreme Court of Pakistan on April 15, 2021, which upheld a Punjab provincial government notification banning the construction or expansion of cement plants in environmentally fragile "Negative Areas."
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Document type: Case study
NEUBAUER ET AL. V. GERMANY
A case study on the legal challenge Neubauer et al. v. Germany, in which the Federal Constitutional Court of Germany ruled that parts of the Federal Climate Protection Act were incompatible with fundamental rights because they failed to specify sufficient emission cuts beyond 2030.
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Document type: Case study
Youth Climate Advocacy
This report by the South African Institute of International Affairs (SAIIA) examines youth climate advocacy in Africa, focusing on the roles of civil society, government, and international networks. It documents how young people are transitioning from symbolic participants to active agents of change through networking, social media, and policy engagement, while highlighting the systemic barriers—such as the digital divide and tokenism—that hinder meaningful intergenerational equity in climate governance.
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Document type: Report
IN A NUTSHELL Climate Advisory Proceedings: Why Big Polluters’ Most Dangerous Arguments to the International Court of Justice (ICJ) Fail
This briefing by the Center for International Environmental Law argues that the International Court of Justice (ICJ) should apply the full spectrum of international law—including human rights, the law of the sea, and customary law—to determine State obligations regarding climate change. It counters arguments from 'big polluters' who claim that the UN climate regime (UNFCCC and Paris Agreement) is the sole relevant legal framework and that its obligations are merely procedural. The document asserts that States have longstanding duties to prevent transboundary environmental harm and protect human rights, which necessitates a phase-out of fossil fuels and the provision of reparations for climate-related injuries.
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Document type: Briefing
susdev_ebrd_mar1991-02fd3360a1978e91.pdf
This 1991 draft working paper by the Center for International Environmental Law (CIEL) examines how the European Bank for Reconstruction and Development (EBRD) can operationalize its commitment to "environmentally sound and sustainable development." The authors argue that sustainable development requires a shift from short-term economic growth to a broader concept of development that values natural wealth, ensures intergenerational equity, and utilizes comprehensive environmental accounting and project appraisal mechanisms.
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Document type: Research paper
BÂTIR UN MOUVEMENT DE JEUNES INCLUSIF ET INTER-RÉGIONAL POUR LA JUSTICE ENVIRONNEMENTALE
This zine documents a cross-regional exchange between young environmental activists from Africa and Europe conducted by Friends of the Earth International between 2016 and 2018. It provides reflections on environmental justice, the impact of colonialism, and the challenges of building an inclusive, intergenerational movement, while offering practical educational tools for activists.
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Document type: Guide
BÂTIR UN MOUVEMENT DE JEUNES INCLUSIF ET INTER-RÉGIONAL POUR LA JUSTICE ENVIRONNEMENTALE / CONSTRUCCIÓN DE UN MOVIMIENTO INCLUSIVO E INTERREGIONAL DE JÓVENES POR LA JUSTICIA AMBIENTAL
This report documents the outcomes of an interregional exchange between young activists from Friends of the Earth (FoE) Africa and Europe conducted between 2016 and 2018. The project aimed to strengthen the youth movement for environmental justice through 14 exchange trips, two regional meetings, and three interregional encounters, focusing on inclusivity, interregional solidarity, and the dismantling of systemic oppressions such as colonialism and patriarchy.
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Document type: Report
2 Future Generations (Colombia)
This case study by Natural Justice details a legal action brought by 25 children and young adults against the Colombian government and 14 municipalities regarding deforestation in the Colombian Amazon. The Colombia Supreme Court ruled on April 5, 2018, recognizing the Colombian Amazon as a subject of rights and ordering the government to implement action plans to reach net-zero deforestation by 2020.
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Document type: Case study
humanrights_biodiv-aug-17ad743a2fdf852b.pdf
This briefing, compiled by the Human Rights in Biodiversity working group, provides guidance on integrating a human rights-based approach (HRBA) into the post-2020 Global Biodiversity Framework (GBF). It argues that an HRBA is a necessary condition for equitable and sustained biodiversity conservation and offers specific recommendations to strengthen the GBF's draft text, including explicit references to international human rights law, the protection of indigenous peoples and local communities (IPLCs), and the empowerment of women and youth.
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Document type: Briefing