Human rights arguments are increasingly being made, and human rights remedies increasingly being sought, in climate change litigation. While relatively few cases have been argued on human rights grounds so far, the trend is continuing and accelerating, with some striking results. However, human rights remedies offer little, if any, compensatory relief for the impacts of climate change, and few means to deter further harm. So why use them?
First paragraph: Party autonomy establishes the arbitrating parties’ power in determining the seat of arbitration. In the absence of a designation of the arbitral seat in their arbitration agreement, parties may agree to have the arbitration to be subject to arbitration institutional rules or procedural laws that provide either an appointing authority or the arbitral tribunal an undertaking to choose the seat on behalf of the parties. Although Born commented: ‘[b]oth mechanisms ordinarily fun...
First paragraph: Commercial arbitration is frequently said to be private and confidential. Confidentiality is often pointed out as one of the main advantages and reasons why the parties have chosen arbitration as the means of resolving commercial disputes. This widely acknowledged characteristic has led the parties to believe that they can keep their disputes from the gaze of the outside world and potential court proceedings at the enforcement stage. As the 2010 Study on Confidentiality demon...
First paragraph: This article is an introduction to a special issue of Climate Law on the relationship between climate change and human rights law. The special issue collects selected papers from a workshop entitled ‘Implementing the Paris Agreement: Comparative Lessons from the Global Human Rights Regime’, organized by the authors in collaboration with Tom Pegram (ucl) and Gita Parihar, and held on 11-12 May 2018. The workshop was hosted by the Academy of European Law at the European Univers...
When we watch a film at the cinema we typically experience the speech we hear as coming from the mouths of the actors depicted on the screen, rather than from the loudspeakers. This is an everyday example of the spatial ventriloquism effect. In this chapter we are interested in the question of what it is for things that we are aware of through different senses to appear to be in a single space, or even—as in spatial ventriloquism—at the same place. The answer may seem trivial and obvious: all...
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