Law has emerged as one the key battlegrounds of the Climate Crisis. As the world heats up, so too have many courtrooms around the world as activists try to hold governments and companies to account for their greenhouse gas emissions
The right to a healthy environment is recognised in over 150 countries and is gaining traction in Australia. At the international level, the United Nations General Assembly (UNGA) recently adopted a resolution recognising that all people have the right to a clean, healthy and sustainable environment
In a historical resolution on 28 July 2022, the United Nations General Assembly (UNGA) formally recognised the right to a clean, healthy and sustainable environment as a human right. This declaration followed United Nations Human Rights Council (HRC) resolution 48/13 of 8 October 2021 that earlier recognized the right to a healthy environment as a human right
To many observers who increasingly despair at the limp efforts by governments and corporations to address the climate emergency, environmental law can seem like one of the most viable strategies to meaningfully and swiftly address the crisis. Environmental law, given that it’s concerned with the protection of environmental ‘public goods’ or ‘commons’
The Right to a Healthy Environment may be implied in the Australian Constitution. I argue this position based on existing precedent regarding constitutional implications: the High Court recognises that rights may be implied in the Constitution if ‘necessary’ to protect the Constitution itself: Lange (1997)
Every year, there are high hopes that the budget will usher in new policies for refugees and people seeking asylum. Unfortunately, the 2021-22 budget appears to forecast another bleak 12 months for refugees.
From safe within their national borders, Australians watch the calamity unfold on their screens – terror stricken families trying to save dying loved ones as the subcontinent’s hospital system collapses – desperately crowdsourcing medicine and oxygen cylinders.
In early March, then Minister of Home Affairs Peter Dutton signalled his intention to proscribe British Neo-Nazi group Sonnenkrieg Division (SKD), a terrorist organisation. This represented a significant, if contextually alarming, moment in Australian history.