Essays about: "substantive law"
Showing result 1 - 5 of 109 essays containing the words substantive law.
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1. "Greening the European Convention on Human Rights A Study on the Intersection of Climate Change and Human Rights in the European Court of Human Rights"
University essay from Göteborgs universitet/Juridiska institutionenAbstract : The surge in human rights-based climate litigation in recent years underscores the intricate relationship between the environment and human rights. In the European context, despite the pioneering role of the European Court of Human Rights (ECtHR), it has never ruled on a case primarily related to climate change and greenhouse emissions. READ MORE
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2. The Principle of Non-Regression Rule of Law in the EU
University essay from Stockholms universitet/Juridiska institutionenAbstract : The principle of non-regression is an novel concept in the EU rule of law area. The Court of Justice of the European Union ("Court" or "CJEU") has recently discussed it e.g., in Repubblika (Maltese Judges), Commission versus Poland (Disciplinary régime applicable to judges), Advocate General Tanchev in his Opinion in A. READ MORE
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3. Charting fossil fuel investment protection in the EU beyond the Energy Charter Treaty
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Under international law, foreign direct investments are protected by a patchwork of bilateral or multilateral investment treaties. International investment agreements have been criticised for protecting foreign direct fossil fuel investments and limiting the regulatory space of host states, thus creating obstacles for a green transition. READ MORE
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4. The Role of the ECHR in Climate Change - Difficulties and Solutions in Implementing an Obligation to Combat Climate Change
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : This thesis examines the ECHR with the aim of exploring the possible existence of positive substantive obligations connected to climate change and pertaining to the right to life and right to health as expressed in article 2 and 8 of the Convention. It departs by compiling how a positive substantive obligation is found in the ECHR system. READ MORE
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5. A Comparative Study of Injunctive Relief and Specific Performance in the Arbitral Forum
University essay from Stockholms universitet/Juridiska institutionenAbstract : This thesis concerns the issue of injunctive relief and specific performance in arbitration. The availability of such relief varies significantly between different jurisdictions and the issue is further complicated when parties opt out of litigation in favor of arbitration, not the least in terms of enforcement. READ MORE
