Centre for Climate Law and Sustainability Studies (CLASS) Centre for Climate Law and Sustainability Studies (CLASS)
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Publications

Our publications in English

 


FEIGERLOVÁ, M. Human Rights Responsibilities of Corporations and Climate Change: Carbon Majors Inquiry. 70th anniversary of the European Convention on Human Rights. Praha: Univerzita Karlova, 2021 - (Šturma, P.; Tymofeyeva, A.), s. 86-94. ISBN 978-3-946915-66-9. 

The celebration of the 70th anniversary of the ECHR provides an opportunity to reflect on the business and human rights debate which has been slowly progressing over the last decade and appears to be aspiring at new dimensions, not only in the context of climate change. A draft treaty on responsibility of transnational corporations with respect to human rights is being debated under the auspices of the UN Human Rights Council. At the same time, the Philippines Commission on Human Rights, after a four year inquiry on the impact of climate change on the human rights of the Filipino people, concluded that the biggest oil companies (Carbon Majors) could be found legally and morally liable for human rights violations arising from the impacts associated with climate change. The report of the Commission is yet to be published but based on pleadings of the petitioners and amici curiae briefs submitted in support of the petition it can be already analysed what arguments alleging corporations’ accountability for the human rights harms caused to Filipino citizens as a result of climate change were applied. The article reflects on the inquiry and considers the use of human rights in lawsuits against fossil fuel corporations raised in the context of climate change.


FEIGERLOVÁ, M. The Modernizartion of the Energy Charter Treaty to Enable Climate Action. Czech Yearbook of Public & Private International Law, 2021, Vol. 12, pp. 383-397, ISSN 1805-0565. Dostupné zde.

Negotiations on the modernization of the Energy Charter Treaty are currently undergoing at the initiative of the EU, all the while some EU member states are being sued for violation of this treaty arising from measures adopoted by their governments to meet climate change objectives. The alignment of the treaty with the Paris Agreement is one of the main points of the reform. The article discusses the proposed amendments aimed at turning the Energy Charter Treaty into a climate-friendly agreement and evaluates the suitability of the reform elements for achieving climate goals and how the EU proposal impacts both carbon intensive and clean energy investments.

 

 

 


FEIGERLOVÁ, M. Responsibility of Transnational Corporations under the Draft International Treaty on Business and Human Rights in General and in the Face of Climate Change. In Czech Yearbook of Public & Private International Law, 2020, Vol. 11, pp. 475-490, ISSN 1805-0565, ISBN 978-80-87488-38-6. The article is accessible here.

The article addresses a draft legally binding instrument on business and human rights. It analyses the main principles of the proposed treaty (scope of its application, binding nature of the instrument, and liability of companies), the draft’s reflection on climate protection, and obstacles that have accompanied its elaboration (in the wording of 16 July 2019). Transnational corporations have been named as being largely responsible for causing world’s emissions and environmental degradation. The proposed treaty has been expected to bring enhanced protection of human rights in the context of business activities and prospectively to articulate obligations for businesses with a transnational character. However, the revised draft of 2019 has many shortcomings and falls short of considering issues of climate change and sustainable development.