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In the recent decision the Constitutional Court of the Russian Federation clarified the constitutional status of certain provisions of the Forestry Code and the environmental legislation imposing the civil liability for environmental damage. The Court declared that the amount of compensation should be lowered by the expenses for mitigation measures provided that they were effective. Read more »
By Andreas Føllesdal
Many reflective scholars voice concern about persistent features of the EU that hinder realistic democratic control, concerns whose urgency has increased dramatically with the euro crisis and the responses to it. A remarkable feature of these contributions is how much they differ in their diagnosis and hence prescriptions. Read more »
Just in time for Christmas, on 18 December 2014, the Court of Justice of the European Union (CJEU) handed down its Opinion 2/13 on the Union's planned accession to the European Convention on Human Rights (ECHR). To the surprise of most, the CJEU found the draft agreement on the accession of the Union to the ECHR incompatible with the Union's primary (read: constitutional) law.
Not only did the CJEU find the accession agreement incompatible with the Union's constituent treaties. Its Opinion reads like a direct and unequivocal attack on the accession agreement and, as I will come back to, it seems to be very difficult to satisfy the CJEU's objections by way of amending the accession agreement. Instead of the expected Christmas present of a signable accession agreement, the Court brought the negotiators a bag of coal. Read more »
By Shakira Maria Bedoya Sanchez Read more »
Since the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, (now) 196 Parties have had the intention to put in place an effective international climate agreement. The Kyoto Protocol (1997) was only a very limited success in the sense that only developed countries committed to reduce greenhouse gas (GHG) emissions. Read more »
Recent years have seen the development of a general recognition of the interconnection between human rights and environmental protection and consequently a growing number of environmental cases adjudicated in human rights courts. Are human rights courts the right venue for environmental disputes? Read more »
This is a blog post detailing some of the more important aspects of the Yukos shareholders arbitration and the challenges facing the winning party in enforcing their award against the Russian state in the coming years. Read more »