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Climate law news from around the world

point Palau to seek ICJ Advisory Opinion

The Pacific Island State of Palau recently announced in the UN General Assembly its intention to seek an Advisory Opinion from the International Court of Justice (ICJ) on climate change damage.

 

Palau intends to ask the ICJ to provide guidance on how the 'no harm rule' and the UN Law of the Sea Convention apply to climate change damage.

 

'Arguably, a credible case can be made for Palau under both the 'no harm rule' and the Law of the Sea Convention,' stated Keely Boom, Executive Officer of the Australian Climate Justice Program.

 

'An Advisory Opinion from the ICJ may help Pacific Islands like Palau turn the tide in the international negotiations.'

 

Read a full article by Keely Boom on the case here.

 

Read the UN announcement here.

“An Advisory Opinion from the ICJ may help Pacific Islands like Palau turn the tide in the international negotiations.”

- Keely Boom

Executive Officer, Australian Climate Justice Program


point Montana Supreme Court denies petition to declare atmosphere 'public trust'

Montana Supreme Court has denied a petition to declare that the atmosphere is a 'public trust' and that the state has a duty to protect and preserve the atmosphere.

 

The court stated that it is ill-equipped to deal with the factual matters in the case.

 

Media:

 

KTVQ.com - MT Supreme Court rejects "climate change" lawsuit

Bozeman Daily Chronicle - Montana court denies climate petition

The Republic - APNews Break: Montana Supreme Court denies petition to make atmosphere a public trust

point Youth Sue the US Government to Halt Climate Change under Public Trust Doctrine

5 May 2011: Youth have filed lawsuits against the US federal government and all 50 states to ensure a reduction of greenhouse gas emissions and to prevent climate catastrophe. The lawsuits rely on the long established legal principle of the public trust doctrine.

 

The public trust doctrine requires the government to protect and maintain certain shared resources fundamental for human health and survival.

 

Complaints have been filed in Alaska, Arizona, California, Colorado, Massachusetts, Minnesota, Montana, New Mexico, Oregon and Washington and in a federal court in California.

 

Read the federal complaint here

 

Read the California complaint here