Benoît Mayer
YOU?
Author Swipe
View article: A duty to assess an oil project's downstream greenhouse gas emissions: The UK Supreme Court in <i>Finch</i>
A duty to assess an oil project's downstream greenhouse gas emissions: The UK Supreme Court in <i>Finch</i> Open
National environmental impact assessment (EIA) frameworks have generally been applied as requiring an assessment of the effects of projects on greenhouse gas emissions and, thus, on climate change. Yet, a question that has repeatedly been …
View article: Climate Effects in Environmental Impact Assessment
Climate Effects in Environmental Impact Assessment Open
This article analyzes the application of environmental impact assessment as a tool for climate change mitigation from a global comparative perspective. It firstly confirms that, despite persistent resistance in a few jurisdictions, climate…
View article: THE ‘HIGHEST POSSIBLE AMBITION’ ON CLIMATE CHANGE MITIGATION AS A LEGAL STANDARD
THE ‘HIGHEST POSSIBLE AMBITION’ ON CLIMATE CHANGE MITIGATION AS A LEGAL STANDARD Open
The Parties to the Paris Agreement have committed to communicate successive ‘nationally determined contributions’ (NDCs) to the global response to climate change. Each NDC is expected to reflect the Party's ‘highest possible ambition’ (HPA…
View article: Courts, climate litigation and the evolution of earth system law
Courts, climate litigation and the evolution of earth system law Open
Numerous scientific reports have evidenced the transformation of the earth system due to human activities. These changes – captured under the term ‘Anthropocene’ – require a new perspective on global law and policy. The concept of ‘earth s…
View article: The rise of international climate litigation
The rise of international climate litigation Open
International climate litigation is on the rise, with international courts and tribunals being asked to offer advisory opinions on climate change, several rights‐based climate change claims being put forward before international human righ…
View article: PROMPTING CLIMATE CHANGE MITIGATION THROUGH LITIGATION
PROMPTING CLIMATE CHANGE MITIGATION THROUGH LITIGATION Open
Courts and scholars have interpreted open-ended legal norms as imposing due diligence obligations on States and other entities to mitigate climate change. These obligations can be applied in two alternative ways: through holistic decisions…
View article: Attribution science and the fate of climate litigation
Attribution science and the fate of climate litigation Open
Data sharing is not applicable to this article as no new data were created or analyzed in this study.
View article: The Contribution of <i>Urgenda</i> to the Mitigation of Climate Change
The Contribution of <i>Urgenda</i> to the Mitigation of Climate Change Open
Dutch courts in Urgenda ordered the government of the Netherlands to reduce national greenhouse gas emissions by 25% by 2020, compared with 1990. The case has been presented as a remarkable judicial victory of climate action advocates. Wit…
View article: From Intellectual Poker to Open Debate
From Intellectual Poker to Open Debate Open
Tarunabh Khaitan’s editorial in the International Journal of Constitutional Law presents insightful remarks about the risk that scholactivism may fail both as scholarship and as activism. I largely share Khaitan’s discomfort with scholacti…
View article: Climate Change Mitigation in the Aviation Sector: A Critical Overview of National and International Initiatives
Climate Change Mitigation in the Aviation Sector: A Critical Overview of National and International Initiatives Open
Climate change mitigation calls for the limitation and reduction of greenhouse gas (GHG) emissions across all sectors. However, limiting GHG emissions from aviation has proven to be problematic for technical reasons (e.g., lack of low-carb…
View article: The judicial assessment of states’ action on climate change mitigation
The judicial assessment of states’ action on climate change mitigation Open
The Supreme Court of the Netherlands construed the state’s positive human rights obligations as requiring a 25 per cent reduction of its greenhouse gas emissions by 2020 compared with 1990 levels. This article explores how judges can decid…
View article: Judicial Interpretation of Tort Law in<i>Milieudefensie</i>v.<i>Shell</i>: A Rejoinder
Judicial Interpretation of Tort Law in<i>Milieudefensie</i>v.<i>Shell</i>: A Rejoinder Open
In her response to my case comment in this issue of Transnational Environmental Law , Laura Burgers purports to disagree with my analysis on two points. Firstly, she suggests that we disagree on the method that a court should use to interp…
View article: The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation
The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation Open
On 26 May 2021, the District Court of The Hague (The Netherlands) passed an innovative judgment in Milieudefensie v. Royal Dutch Shell . The Court interpreted Shell's duty of care towards the inhabitants of the Netherlands as requiring it …
View article: Climate Change Mitigation as an Obligation Under Human Rights Treaties?
Climate Change Mitigation as an Obligation Under Human Rights Treaties? Open
Judges and scholars have interpreted human rights treaties as obligating states to mitigate climate change by limiting their greenhouse gas emissions, an argument instrumental to the development of climate litigation. This Article question…
View article: Temperature Targets and State Obligations on the Mitigation of Climate Change
Temperature Targets and State Obligations on the Mitigation of Climate Change Open
The Supreme Court of the Netherlands in Urgenda held that States had a customary obligation to implement their ‘fair share’ in achieving the 2°C temperature limitation target they had agreed upon. Yet, this article argues, the notion that …
View article: Liability and Compensation for Marine Plastic Pollution: Conceptual Issues and Possible Ways Forward
Liability and Compensation for Marine Plastic Pollution: Conceptual Issues and Possible Ways Forward Open
The UN General Assembly and the UN Environment Assembly (UNEA) have expressed concerns about the pollution of the sea by plastics, which adversely impacts ecosystems, some economic activities (e.g., tourism and fishing), and possibly publi…
View article: Interpreting States’ General Obligations on Climate Change Mitigation: A Methodological Review
Interpreting States’ General Obligations on Climate Change Mitigation: A Methodological Review Open
A variety of norms in international and domestic law imply that States have a general obligation to mitigate climate change (e.g. no-harm principle, obligation to protection human rights, public trust doctrine). Yet, a major methodological…
View article: A Review of the International Law Commission’s Guidelines on the Protection of the Atmosphere
A Review of the International Law Commission’s Guidelines on the Protection of the Atmosphere Open
The International Law Commission (ILC) adopted a set of twelve Draft Guidelines on the protection of the atmosphere on first reading in 2018. This project, led by Special Rapporteur Shinya Murase, could have provided the first authoritativ…
View article: Transparency under the Paris Rulebook: An Enhanced Transparency Framework?
Transparency under the Paris Rulebook: An Enhanced Transparency Framework? Open
In December 2018, COP 24/CMA 1.3 adopted the Modalities, Procedures and Guidelines for the Transparency Framework under Article 13 of the Paris Agreement. Commenting on this decision, this article reviews and assesses the rules on transpar…
View article: <i>The State of the Netherlands</i>v.<i>Urgenda Foundation:</i>Ruling of the Court of Appeal of The Hague (9 October 2018)
<i>The State of the Netherlands</i>v.<i>Urgenda Foundation:</i>Ruling of the Court of Appeal of The Hague (9 October 2018) Open
On 9 October 2018, the Court of Appeal of The Hague (the Netherlands) upheld the District Court’s decision in the case of Urgenda , thus confirming the obligation of the Netherlands to reduce its greenhouse gas (GHG) emissions by at least …
View article: Bioenergy with Carbon Capture and Storage: Existing and Emerging Legal Principles
Bioenergy with Carbon Capture and Storage: Existing and Emerging Legal Principles Open
The Paris Agreement was largely understood as an implicit recognition of the need for a large-scale deployment of negative emissions technologies, in particular bioenergy with carbon capture and storage (BECCS), as part of an enhanced acti…
View article: Legal Responses to Climate Change Induced Loss and Damage
Legal Responses to Climate Change Induced Loss and Damage Open
Legal issues are central to ongoing debates on Loss and Damage associated with climate change impacts and risks (L&D). These debates shed light, in particular, on the remedial obligations of actors most responsible for causing climate chan…
View article: Science for Loss and Damage. Findings and Propositions
Science for Loss and Damage. Findings and Propositions Open
The debate on “Loss and Damage” (L&D) has gained traction over the last few years. Supported by growing scientific evidence of anthropogenic climate change amplifying frequency, intensity and duration of climate-related hazards as well as …
View article: Environmental Assessments in the Context of Climate Change: The Role of the UN Economic Commission for Europe
Environmental Assessments in the Context of Climate Change: The Role of the UN Economic Commission for Europe Open
The United Nations Economic Commission for Europe (UNECE) has played an important role in the recognition of a customary international law obligation for States to conduct an environmental assessment (EA) when a proposed activity is likely…