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ICJ AO Litigation Notes Digest February 2026 Litigation Note on Challenging Speculative or Harmful Climate Interventions and Offset-Based Climate Mitigation Measures
This briefing note by the Center for International Environmental Law (CIEL) analyzes the International Court of Justice's (ICJ) July 2025 Advisory Opinion (AO) on climate change. It specifically examines how the AO's findings on State obligations—including the duty to prevent harm, stringent due diligence, and the precautionary principle—can be used to challenge reliance on speculative climate interventions (such as geoengineering and carbon capture) and offset-based mitigation measures that may delay the phase-out of fossil fuels.
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Document type: Briefing
Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1)
The Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law (CIEL) submitted an amicus curiae application to the ICSID Tribunal in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The amici argue that the Mexican State was justified in denying an environmental permit for the Don Diego seabed mining project in the Gulf of Ulloa, as the project would violate international environmental and human rights laws, specifically the precautionary principle and the rights to work, health, and a healthy environment.
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Document type: Statement
The Precautionary Principle
This policy brief from the International Institute for Sustainable Development explores the precautionary principle, a guide in international environmental law that advocates for taking protective action even in the absence of full scientific certainty to avoid serious or irreversible damage.
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Document type: Policy brief
Le Principe de précaution
This briefing explores the precautionary principle as a guide for decision-makers to protect the environment, public health, and security in the face of scientific uncertainty. It traces the principle's evolution from national laws in Sweden to its integration into major international treaties and the law of the European Union, while discussing the ongoing tension between environmental safeguarding and economic development.
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Document type: Briefing
CAPE calls for moratorium on fracking in B.C.
The Canadian Association of Physicians for the Environment (CAPE) calls for a moratorium on hydraulic fracturing (fracking) in British Columbia, citing significant gaps in health research and the risk to greenhouse gas emission targets.
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Document type: Statement
SEABED MINING: RETENTION OF AN OVERALL PERSPECTIVE
A position statement by Dr Allan Heydorn and Prof Michael Orren arguing for a precautionary approach to seabed mining, emphasizing the interdependence of marine ecosystems and the risks to fisheries and global food security.
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Document type: Statement
The Cartagena Protocol on Biosafety: An analysis of results
This IISD briefing note analyzes the results of the negotiations for the Cartagena Protocol on Biosafety, which concluded in Montreal in January 2000. The document examines the Protocol's scope, its operationalization of the precautionary principle, its complex relationship with World Trade Organization (WTO) rules, and the positions of the five major negotiating blocs.
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Document type: Briefing
APPELLANTS’ REBUTTAL HEADS OF ARGUMENT
This document contains the Appellants' Rebuttal Heads of Argument in a legal appeal involving the Endangered Wildlife Trust and the Federation for a Sustainable Environment against the Department of Water and Sanitation and Atha-Africa Ventures (Pty) Ltd. The briefing primarily addresses allegations made by Atha-Africa regarding conflicts of interest, abuse of legal process, and misleading arguments, while defending the role of the Centre for Environmental Rights (CER) as a public interest law organisation.
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Document type: Briefing
APPELLANTS’ HEADS OF ARGUMENT IN THE APPEAL IN TERMS OF SECTION 149 OF THE NATIONAL WATER ACT NO. 36 OF 1998
This document contains the Appellants' Heads of Argument filed by the Centre for Environmental Rights on behalf of the Endangered Wildlife Trust and the Federation for a Sustainable Environment. The appeal, brought under section 149 of the National Water Act (NWA), challenges a Water Tribunal decision that dismissed an appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine. The appellants argue that the Water Tribunal erred on several questions of law, including the failure to consider the strategic importance of the mine area, the absence of landowner consent, the misapplication of the precautionary principle, the lack of post-closure water treatment provisions, and the misapprehension of the burden of proof regarding socio-economic impacts.
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Document type: Report
FIRST RESPONDENT’S HEADS OF ARGUMENT
This document contains the First Respondent's (the Minister of Forestry, Fisheries and the Environment) heads of argument in a judicial review application brought by Earthlife Africa. The Minister argues that the application is fatally flawed because it relies on new evidence not presented during the original administrative decision-making process and seeks to treat the court as an appeal tribunal rather than a review court. The Minister contends that the environmental authorisation (EA) granted to Lephalale Coal Mines (Pty) Ltd was rational, reasonable, and compliant with the National Environmental Management Act (NEMA), specifically regarding need and desirability, climate change impacts, and public participation.
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Document type: Briefing
notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf
This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.
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Document type: Statement
concepts_principles_1993-92559c547e2b14c7.pdf
This research paper, authored by David Hunter, Julia Sommer, and Scott Vaughan, provides an introduction to the basic concepts and principles of international environmental law. It aims to assist policymakers in reconciling environmental protection with trade liberalization by detailing the legal frameworks surrounding sustainable development, the duty to cooperate, the duty to avoid environmental harm, and the duty to compensate for such harm.
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Document type: Research paper
ec_biotech_05may05-b5d04eb6c15eba31.pdf
This briefing analyzes the legal arguments and international law frameworks relevant to the WTO dispute 'EC – Biotech', specifically focusing on the definition of risk assessments (RA) under the SPS Agreement and the potential influence of the Cartagena Protocol on Biosafety.
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Document type: Briefing
Science and precaution in the trading system
This seminar note, authored by Halina Ward of the Royal Institute of International Affairs, examines the tension between the precautionary principle—which advocates for protective action before full scientific proof of risk—and the rules of the World Trade Organization (WTO). It explores differing regional interpretations of risk assessment, the legal status of precaution in international law, and the specific WTO agreements (GATT, TBT, and SPS) that intersect with environmental and health regulations.
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Document type: Briefing
WTO and Sustainable Development
This research paper by Mark Halle examines the integration of environmental concerns and sustainable development within the World Trade Organization (WTO). The author argues that while formal negotiations and the Committee on Trade and Environment (CTE) have seen limited progress, the WTO's Dispute Settlement Body (DSB) and Appellate Body have significantly advanced environmental principles by interpreting WTO law in the context of public international law and sustainable development.
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Document type: Research paper