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The Global ESG Regulatory Framework toughens up

A look at three key regulatory developments in the EU and US - proposed EU Corporate Sustainability Due Diligence and Reporting Directives and US SEC Climate Change Disclosure Rules...more

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

EU Commission proposes to strengthen criminal law to protect the environment

On 15 December 2021, the European Commission adopted a proposal for a new EU Directive1 aimed at tightening compliance with EU environmental laws through the introduction of new criminal offences, increased sanctions and...more

Climate change litigation in Africa: Current status and future developments

Climate change litigation is increasing steadily worldwide, but few cases have been filed yet in Africa - Only 10 climate change cases have so far been raised on the African continent." Climate change litigation covers a...more

Next up in Climate Litigation: Belgian Court condemns Climate Change Policies of Belgian Federal and Regional Governments

As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more

Okpabi v Royal Dutch Shell Plc: UK Supreme Court allows Nigerian citizens' environmental damage claim to proceed against UK parent...

The UK Supreme Court has issued the latest in a series of landmark decisions on parent company liability under English law for claims alleging environmental damage and human rights abuses. In a unanimous reversal of the...more

Supreme Court overturns block on Heathrow’s expansion

In its recent decision in R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd, the Supreme Court reversed the Court of Appeal's decision that the planned expansion of Heathrow Airport was...more

Losing the longstop: High Court decision highlights importance of clearly drafted longstop clauses

In Damoco (Bermuda) Ltd and Others v Atlanta Bidco Ltd, the High Court rejected claims as to the longstop date for accounts needed to calculate a contractual payment. Instead, the Court adopted a much narrower interpretation...more

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone

The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more

Court of Appeal declares Heathrow expansion unlawful on climate change grounds

In its recent decision in R. v Secretary of State for Transport, the Court of Appeal ruled that the UK Government had failed to take into account the commitments it made under the 2016 Paris Agreement on climate change when...more

Suspending contractual performance in response to the coronavirus outbreak

The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more

The role of ICC arbitration in resolving climate change disputes

The ICC has identified six procedural features for parties to consider when arbitrating climate change related disputes. Introduction - The ICC Task Force on the Arbitration of Climate Change Related Disputes released...more

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