Cravath, Swaine & Moore LLP’s Post

"Things are about to get even more expensive..." or "Great, another tax I'll have to pay." This is what I'd immediately think when I heard about countries signing international treaties committing to take climate action—in the past, of course. Or, if I was being optimistic, I'd think it wouldn't actually change anything for me. After all, I don't own an airplane or an oil refinery. But by looking at it from this overly skeptical perspective, I was missing out on a lot. For instance, the Paris Agreement is not only important for global climate action, but it is also a landmark in international collaboration. It was the first time in history that 196 nations unanimously agreed on an economic agreement. Can you imagine how hard that was? I can't even get my group of friends to unanimously agree on what to do on the weekend. This is a very significant moment in human history. I was also not realizing the economic significance of such an agreement—the positive impacts and opportunities it can bring, specifically if we're talking about Article 6 of the Paris Agreement. And to be honest, this might not be that easy to understand. Because of that, I'm very excited for my next webinar with DGB Group, where I'll be talking to Lev Gantly, an expert in international climate law, who will help me and everyone else watching understand what Article 6 is and why we should care about it. Check it out!

Do you know what Article 6 entails and how it will impact various industries and companies? 💡 🌎 Join us on June 20th for a live webinar discussing Article 6 of the Paris Agreement.

What lessons can we gather from climate litigation at the international and national level? Are any of the fora involved fully equipped to address the complexity of the climate crisis? Should we embrace an integrated approach by encouraging interaction between regimes, rather than avoiding it? In this paper, just published in the International Community Law Review, I argue that subsidiarity should not constitute a limit to such interaction, but rather its driving force.

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/aBNb50Tew9e

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/KnUj50TkFav

Full article now available! A while ago, I shared the first page of my very first climate-related legal article, published in Anwaltsrevue, the journal of the Swiss Bar Association. Now, I’m excited to make the full piece available to those without journal access. In this article, I explore how the climate crisis may influence insolvencies and restructurings, along with issues surrounding environmental claims in Swiss insolvency proceedings. I’d love to hear your insights on this topic! The article is in German only, but stay tuned: a second paper on a related topic in English is on the way!

Claire Seaborn, Wangui Kaniaru, Thomas Hale and Thom Wetzer discuss the launch of the University of Oxford Climate Policy Monitor. The project assesses the climate policies of 30 jurisdictions with the help of pro bono contributions from 48 law firms and aims to address the “implementation gap” between climate targets and results.  https://lnkd.in/g9u_xrTr

Climate change is a reality and is increasingly becoming an existential threat. Canadian corporations that emit significant amounts of greenhouse gases have thus far borne little, if any, accountability for their climate impacts. This presentation will share the findings of a report authored by Professor Hassan M. Ahmad of York University - Osgoode Hall Law School as part of a comparative project spearheaded by the BIICL (British Institute of International and Comparative Law). It will detail three things. First, it will examine available and potential causes of action through the common law, statutory and constitutional mechanisms, human rights frameworks, and regulatory schemes, among others. Second, it will outline the evidentiary and procedural aspects of putative Canadian corporate climate litigation. And third, it will discuss potential remedies available to plaintiffs. In person and online. Register using the link here (https://lnkd.in/gTJFkrS7) to secure your space! A link will be emailed prior to the event for those who register to attend virtually.

Join us on June 17 for this timely discussion on the future of climate risk disclosure.

I'm thrilled to share that my latest article, titled "It Is (Finally) Time for an Advisory Opinion on Climate Change: Challenges and Opportunities on a Trio of Initiatives," has just been published! In recent years, we've witnessed a remarkable surge in climate-related lawsuits, showcasing a global commitment to addressing the climate crisis through legal avenues. Now, the spotlight shifts to international courts and tribunals as stakeholders seek clarity on the responsibilities of states in tackling climate change. The article delves into the groundbreaking trio of initiatives requesting advisory opinions from esteemed international bodies. These opinions, while nonbinding, hold immense significance in shaping international climate change law. By examining the legal questions posed to the International Court of Justice, the International Tribunal on the Law of the Seas, and the Inter-American Court of Human Rights, we uncover the potential impact on defining states' obligations under international law. This momentous occasion marks a pivotal juncture in global climate litigation, as the world's highest courts lend their expertise to the discourse on legal rights and duties in the face of the climate crisis. I invite you to read the full article to explore the origins of these initiatives, the challenges they present, and the opportunities they offer in shaping the future of climate justice. https://lnkd.in/e_aKCccc