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The Rise of Environmental Law in International Dispute Resolution

Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights

In this update, Monica Feria-Tinta and Simon Milnes examine the just-released Advisory Opinion of the Inter-American Court on Environment and Human Rights.

The decision addresses State obligations (environmental and human rights) in a transboundary context, construction and operation of mega-projects, activities such as oil and gas exploration and exploitation, maritime transportation of hydrocarbons, port construction and upgrading, and the construction, maintenance and expansion of shipping canals, among others.

The Opinion, which has been held to be ground-breaking, was issued in Spanish only. This analysis is the first in-depth analysis in English, making it available to English-speaking audiences. This is a topical issue for clients such as States, law firms working in the area of Public International Law, international dispute resolution and the developing area of business and human rights, including in litigation concerning environmental harm.

Simon Milnes appeared before the Court as an amicus curiae at the hearing leading to the Advisory Opinion.

The full 20 Essex Street update is attached.

Relevant members: 
Report_Feb18_MFT_SM_FINAL.pdf558.54 KB