The Climate Files

Explore a curated collection of case commentaries, articles, and opinion pieces focused on advancing climate justice through strategic litigation.

Latest Analysis & Commentary

Cover image for Systemic Barriers in Human Rights Courts
Article

Systemic Barriers in Human Rights Courts

This case commentary analyses the ECtHR’s 2024 rulings in Duarte Agostinho and KlimaSeniorinnen, highlighting how restrictive interpretations of jurisdiction and victim status continue to impede access to climate justice. While the Court recognised collective standing in KlimaSeniorinnen, it reaffirmed procedural and territorial barriers in Duarte Agostinho. The commentary argues that without a more inclusive, context-sensitive approach, the ECtHR risks sidelining climate-affected individuals.

Catarina Koppens Santorum
10 min read •
Cover image for Flamingos or Strawberries?
Analysis

Flamingos or Strawberries?

This policy analysis explores the environmental conflict in Spain's Doñana Reserve, where EU conservation directives clash with local agricultural practices, particularly illegal water use for strawberry farming. It examines governmental responses, tensions with farmers, and proposes solutions like desalination plants and sustainable funding to balance ecological protection with agricultural livelihoods.

Carmen Herraiz Alameda
2 min read •
Cover image for UNCLOS and the Climate Change Regime: Between Interpretative Flexibility and Structural Constraints
Article

UNCLOS and the Climate Change Regime: Between Interpretative Flexibility and Structural Constraints

This article explores whether the United Nations Convention on the Law of the Sea (UNCLOS), despite not explicitly addressing climate change, can nonetheless contribute to global mitigation efforts through interpretation of its marine protection provisions. It assesses UNCLOS’s legal, political, and environmental effectiveness in responding to climate-related harm, while also highlighting the structural and compliance limitations that constrain its impact. Ultimately, the piece argues that UNCLOS holds legal potential but requires complementary reform and stronger alignment with the climate regime to be truly effective.

Alex Dulieu
10 min read •
Cover image for Teitiota v. New Zealand.
Case Commentary

Teitiota v. New Zealand.

Teitiota v. New Zealand is a landmark case that examines how environmental factors, particularly climate change, intersect with human rights law. The UN Human Rights Committee assessed whether climate-induced migration could justify asylum, focusing on the non-refoulement principle. This case highlights the dangers faced by those displaced by environmental disasters and raises important questions about their legal protections.

Candela Barriga Estévez
10 min read •
Cover image for Milieudefensie et al. v. Royal Dutch Shell plc (Appeal).
Case Commentary

Milieudefensie et al. v. Royal Dutch Shell plc (Appeal).

The commentary examines the landmark climate litigation case, Milieudefensie et al. v. Royal Dutch Shell, focusing on the Hague Court of Appeal's 2024 decision. While affirming Shell's duty of care to mitigate emissions, the court rejected a mandated 45% CO₂ reduction target, citing the need for proportionality and practicality. The decision raises questions about the enforceability of global climate goals on private entities.

Flavia Meduri
15 min read •
Cover image for People v Arctic Oil (2020).
Case Commentary

People v Arctic Oil (2020).

People v Arctic Oil was a landmark climate lawsuit that tested environmental and human rights protections in Norway, one of Europe’s leading petrostates. Environmental groups challenged the government’s decision to grant oil exploration licenses in the Barents Sea, claiming it violated the right to a healthy environment and human rights under international law. The case sparked national debate over Norway’s dual roles as a climate leader and major oil exporter, as well as its responsibility for emissions beyond its borders. While the Supreme Court ruled in favor of the government, the case set a significant precedent for climate litigation, highlighting the challenges of holding states accountable for transboundary harm and reinforcing the growing role of human rights in climate advocacy.

Flavia Meduri
15 min read •
Cover image for Between Legal Activism and Legitimacy Concerns - The Klimaseniorinnen before the ECtHR
Article

Between Legal Activism and Legitimacy Concerns - The Klimaseniorinnen before the ECtHR

When the Court was confronted with the Klimaseniorinnen v. Switzerland, it walked on a tightrope. On one side it had to ensure the protection of human rights from climate change related consequences and thereby adopting the “living instrument” interpretation of the Convention. On the other hand, it had to show restraint in its interpretation to counter legitimacy concerns. This short blog post will analyse the Courts judgment in light of these considerations.

Maximilian Strobel
10 min read •
Cover image for PROJECT GUIDELINES
Guide

PROJECT GUIDELINES

Do you want to submit your work to be featured on this project? Follow the guidelines in this document and submit it via email to info.lexpressed@gmail.com

Lexpressed
3 min read •
Cover image for PROJECT BRIEF
Guide

PROJECT BRIEF

What is the 'Climate Files' project? 'What are the main themes?'. These are the questions addressed in the project brief.

Lexpressed
3 min read •

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