OC-32/25 sets justiciable regional standards, guides future climate-due-diligence laws, and may influence the upcoming ICJ Advisory Opinion.
A qualitative leap forward for climate & human rights in Latin America.
OC-32/25 sets justiciable regional standards, guides future climate-due-diligence laws, and may influence the upcoming ICJ Advisory Opinion.
A qualitative leap forward for climate & human rights in Latin America.
This validates:
→ Rights-of-nature frameworks (e.g., legal personhood for rivers)
→ Public-interest litigation to protect ecosystems
→ Stricter scrutiny of projects affecting vital carbon sinks
This validates:
→ Rights-of-nature frameworks (e.g., legal personhood for rivers)
→ Public-interest litigation to protect ecosystems
→ Stricter scrutiny of projects affecting vital carbon sinks
The Court embraces a post-anthropocentric view:
→ Nature, including the climate system, is a subject of rights (¶284–286)
→ Irreversible harm to the environment is prohibited under jus cogens (¶287–294)
The Court embraces a post-anthropocentric view:
→ Nature, including the climate system, is a subject of rights (¶284–286)
→ Irreversible harm to the environment is prohibited under jus cogens (¶287–294)
This aligns climate justice with practical burden-sharing tools:
→ Finance
→ Technology
→ Loss & damage
→ Cooperation
A boost to LAC's position at future COPs.
This aligns climate justice with practical burden-sharing tools:
→ Finance
→ Technology
→ Loss & damage
→ Cooperation
A boost to LAC's position at future COPs.
→ Domestic targets (NDCs) must integrate intra- & intergenerational equity (¶324–327)
→ Within sectors, actors with greater responsibility or risk must bear greater burdens (¶350)
🎯 A just allocation of climate burdens becomes a legal imperative.
→ Domestic targets (NDCs) must integrate intra- & intergenerational equity (¶324–327)
→ Within sectors, actors with greater responsibility or risk must bear greater burdens (¶350)
🎯 A just allocation of climate burdens becomes a legal imperative.
The reinforced duty is shaped by common but differentiated responsibilities (UNFCCC Art. 3.1).
→ Developing states are not exempt—but cooperation is key. (¶237)
The reinforced duty is shaped by common but differentiated responsibilities (UNFCCC Art. 3.1).
→ Developing states are not exempt—but cooperation is key. (¶237)
The Court recognizes an autonomous human right to a “healthy climate”—understood as a climate system free from dangerous, human-induced interference. (¶299–303
The Court recognizes an autonomous human right to a “healthy climate”—understood as a climate system free from dangerous, human-induced interference. (¶299–303
Stricter oversight for high-risk sectors (fossil fuels, cement, agribusiness).
This gives teeth to the polluter pays principle and opens the door to CSDDD/CSRD-style laws—but with climate-specific obligations and a stronger role for state oversight.
Stricter oversight for high-risk sectors (fossil fuels, cement, agribusiness).
This gives teeth to the polluter pays principle and opens the door to CSDDD/CSRD-style laws—but with climate-specific obligations and a stronger role for state oversight.
This reinforced standard also applies to businesses:
→ Mandatory climate due diligence across value chains
→ Emissions disclosure
→ Transition plans
→ Penalties for greenwashing (¶346–351, 353–354)
This reinforced standard also applies to businesses:
→ Mandatory climate due diligence across value chains
→ Emissions disclosure
→ Transition plans
→ Penalties for greenwashing (¶346–351, 353–354)
The Court elevates the duty of prevention: States must act with reinforced due diligence on climate risks—guided by the best available science and the urgency of harm. (¶231–238)
The Court elevates the duty of prevention: States must act with reinforced due diligence on climate risks—guided by the best available science and the urgency of harm. (¶231–238)
The paper provides a strong scientific basis to establish causal links in climate litigation, strengthening legal arguments for damages & reparations.
The paper provides a strong scientific basis to establish causal links in climate litigation, strengthening legal arguments for damages & reparations.
Between 1991–2020, emissions from these companies are estimated to have caused over $28 trillion in global economic losses due to intensified heatwaves.
Between 1991–2020, emissions from these companies are estimated to have caused over $28 trillion in global economic losses due to intensified heatwaves.
The study models the economic damage attributable to each company based on its historical emissions. It’s a rigorous, company-specific approach to climate harm.2/n
The study models the economic damage attributable to each company based on its historical emissions. It’s a rigorous, company-specific approach to climate harm.2/n