#law courts and tribunals
Explore tagged Tumblr posts
Text
![Tumblr media](https://64.media.tumblr.com/2e54d7af2f64718a2c46562ae12ed410/cc0cb8563e432d70-5c/s540x810/277cde46b62ad5a03d1cb59547129ca0d327ad05.jpg)
![Tumblr media](https://64.media.tumblr.com/b1683e3f7276269a471c27a79af55791/cc0cb8563e432d70-9a/s540x810/378c84ccaf541a2e892711fdfed35bf69d9d6a83.jpg)
![Tumblr media](https://64.media.tumblr.com/d526e7c2b094c81e5a4157bfbaab622e/cc0cb8563e432d70-25/s540x810/1b85500c6122ff43accac2764f500b55a86603b9.jpg)
![Tumblr media](https://64.media.tumblr.com/cc2146eb17db379a8ebfbdf2bbb79516/cc0cb8563e432d70-6d/s540x810/4066406dfe8c5706cf3fc91c618380354c26c5fa.jpg)
![Tumblr media](https://64.media.tumblr.com/8eb3f08d7a159ffe83222c9b4f71b08d/cc0cb8563e432d70-a3/s540x810/c1cf9f834d7fdb509eda638f4066a8a6ca6d9d45.jpg)
![Tumblr media](https://64.media.tumblr.com/73176b6ce65b1ccad3969ca1a3048893/cc0cb8563e432d70-09/s540x810/cc91424d8e2e4251c232abf6bc8953f070d762b0.jpg)
![Tumblr media](https://64.media.tumblr.com/f510e9337cd1c4406f4520a230e5fe09/cc0cb8563e432d70-af/s540x810/831eda6a8afeca8c829cc5ebed8eb3607a43e448.jpg)
![Tumblr media](https://64.media.tumblr.com/0ced3960adf45346c574915cfaf6c1d4/cc0cb8563e432d70-fc/s540x810/e4bb0a51aecd5304a8c0cb50a804599c9761c00f.jpg)
#no exceptions#double standards#international criminal court#international court of justice#icc war crimes tribunal#apartheid#save palestine#israel is an apartheid state#ethnic cleansing#free palestine 🇵🇸#genocide#the US is complicit in genocide and war crimes#israel is not the victim#israel is not above the law#israeli apartheid#apartheid wall#israel is an illegal occupier#collective punishment#iof terrorism#iof war crimes#israel lies while Palestine dies#israel is a terrorist state#israel is committing genocide#enforce international law#hypocrisy#israel is a war criminal
6 notes
·
View notes
Text
“The price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish.”
![Tumblr media](https://64.media.tumblr.com/e19afa40d7028eb790ed4a6c3991f705/f53996233ff939ac-2b/s540x810/4eda1748371938cdb3f5d55a8f7bda1d780012de.jpg)
Robert Houghwout Jackson was an American lawyer, jurist, and politician who served as an associate justice of the U.S. Supreme Court from 1941 until his death in 1954.
Born: 13 February 1892, Spring Creek Township, Pennsylvania, United States
Died: 9 October 1954 (age 62 years), Washington, D.C., United States
Supreme Court Justice: Robert H. Jackson served as an Associate Justice of the United States Supreme Court from 1941 to 1954. He was appointed by President Franklin D. Roosevelt.
Nuremberg Trials: Jackson is perhaps best known for his role as the chief United States prosecutor at the Nuremberg Trials after World War II. These trials were historic as they prosecuted major Nazi war criminals for crimes against humanity, war crimes, and genocide.
Legal Career: Before his appointment to the Supreme Court, Jackson held several significant positions, including Solicitor General (1938-1940) and Attorney General (1940-1941). His tenure in these roles was marked by his strong defense of New Deal legislation.
Influential Opinions: As a Supreme Court Justice, Jackson authored several important opinions. Notably, in West Virginia State Board of Education v. Barnette (1943), he wrote the majority opinion that declared it unconstitutional to force public school students to salute the flag, emphasizing the protection of individual rights against government mandates.
Literary Style: Jackson was renowned for his eloquent and clear writing style. His opinions are often cited for their literary quality and persuasive power. His legal writings continue to be studied and admired for their clarity and rhetorical force.
#U.S. Supreme Court Justice#American Lawyer#Jurist#Politician#Associate Justice#Nuremberg Trials#Chief U.S. Prosecutor#Legal Scholar#Constitutional Law#Spring Creek Township#Franklin D. Roosevelt Appointee#Solicitor General#U.S. Attorney General#Harvard Law School#Nuremberg Tribunal#International Law#Legal Ethics#Judicial Opinions#Legal History#Washington#D.C.#today on tumblr#quoteoftheday
3 notes
·
View notes
Text
Court of Appeal Sides with ScottishPower in £28 Million Tax Dispute with HMRC
In a significant victory for ScottishPower, the Court of Appeal has overturned a previous ruling by the Upper Tribunal, allowing the energy company to deduct £28 million in payments from its corporation tax. This decision highlights the complex nature of tax law, especially regarding payments made to settle regulatory investigations. The ruling clarifies the distinction between penalties and…
![Tumblr media](https://64.media.tumblr.com/0a2eb0b5ae994626fae04bcd1de35706/b9ee322ba5e4dca5-18/s540x810/94fe6c2130a531db28d1e311d215484ffdbf8e87.jpg)
View On WordPress
#Corporate Tax#Corporation Tax#Court of Appeal#energy sector#First Tier Tax Tribunal#HMRC#HMRC Investigations#HMRC Tax Disputes#Litigation#Penalty#ScottishPower#Tax#Tax and Chancery Chamber#Tax Appeal#Tax Appeals#Tax Disputes#Tax Law#Tax Tribunal#UK Tax Litigation#Upper Tax Tribunal#Upper Tier Tribunal#Upper Tribunal
0 notes
Text
Supreme Court Empowers Tribunals to Reclaim Property for Neglected Senior Citizens
New Delhi: In a groundbreaking decision, the Supreme Court of India has reinforced the rights and welfare of senior citizens by empowering tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to restore property to elderly parents if their children fail to fulfill caregiving obligations. This landmark judgment highlights the judiciary’s commitment to protecting the dignity and rights of senior citizens against emotional, physical, and financial neglect.
The apex court’s decision came in a case where a mother reclaimed her property after her son neglected her and her husband despite having received the property through a conditional gift deed. By annulling the deed and restoring the property to the mother, the Supreme Court underscored the critical role of Section 23 of the 2007 Act in safeguarding elderly citizens from exploitation. Expand to read more
#Supreme Court#senior citizens' rights#Maintenance and Welfare of Parents Act 2007#property restoration#landmark judgment#elder care#Section 23#family law India#elder neglect#tribunal powers#Insightfultake on abandoned parents from property.
1 note
·
View note
Text
USA please listen to me: the price of “teaching them a lesson” is too high. take it from New Zealand, who voted our Labour government out in the last election because they weren’t doing exactly what we wanted and got facism instead.
Trans rights are being attacked, public transport has been defunded, tax cuts issued for the wealthy, they've mass-defunded public services, cut and attacked the disability funding model, cut benefits, diverted transport funding to roads, cut all recent public transport subsidies, cancelled massive important infrastructure projects like damns and ferries (we are three ISLANDS), fast tracked mining, oil, and other massive environmentally detrimental projects and gave the power the to approve these projects singularly to three ministers who have been wined and dined by lobbyists of the companies that have put the bids in to approve them while one of the main minister infers he will not prioritise the protection of endangered species like the archeys frog over mining projects that do massive environmental harm. They have attacked indigenous rights in an attempt to negate the Treaty of Waitangi by “redefining it”; as a backup, they are also trying to remove all mentions of the treaty from legislation starting with our Child Protection laws no longer requiring social workers to consider the importance of Maori children’s culture when placing those children; when the Waitangi Tribunal who oversees indigenous matters sought to enquire about this, the Minister for Children blocked their enquiry in a breach of comity that was condemned in a ruling — too late to do anything — by our Supreme Court. They have repealed labour protections around pay and 90 day trials, reversed our smoking ban, cancelled our EV subsidy, cancelled our water infrastructure scheme that would have given Maori iwi a say in water asset management, cancelled our biggest city’s fuel tax, made our treasury and inland revenue departments less accountable, dispensed of our Productivity Commission, begun work on charter schools and military boot camps in an obvious push towards privatisation, cancelled grants for first home buyers, reduced access to emergency housing, allowed no cause evictions, cancelled our Maori health system that would have given Maori control over their own public medical care and funding, cut funding of services like budgeting advice and food banks, cancelled the consumer advocacy council, cancelled our medicine regulations, repealed free prescriptions, deferred multiple hospital builds, failed to deliver on pre-election medical promises, reversed a gun ban created in response to the mosque shootings, brought back three strikes = life sentence policy, increased minimum wage by half the recommended amount, cancelled fair pay for disabled workers, reduced wheelchair services, reversed our oil and gas exploration ban, cancelled our climate emergency fund, cut science research funding including climate research, removed limits on killing sea lions, cut funding for the climate change commission, weakened our methane targets, cancelled Significant National Areas protections, have begun reversing our ban on live exports. Much of this was passed under urgency.
It’s been six months.
18K notes
·
View notes
Text
Pledging to protect and support humanitarians as they help build a more peaceful, humane world for us all.
Today is a solemn reminder of the grave risks facing our staff members as they carry out their vital work under the United Nations flag.
These brave women and men represent humanity’s highest calling: helping people in their hour of desperate need. They come from countries spanning the globe, but are united in their common dedication to the noble causes of peacekeeping, delivering aid and assistance, and upholding international law and human rights in countries and regions rocked by conflict and disaster.
They also face enormous and unacceptable risks — including violence, detention and abduction. Since 2022, 381 UN personnel have been detained — including 7 in January and February of this year. In total, 27 UN personnel are still in detention.
Our hearts are with their families and colleagues, and I will not relent in calling for their release and safe return.
In their name, we urge all countries to fully implement the 1994 Convention on the Safety of United Nations and Associated Personnel, and the 2005 Optional Protocol to the Convention.
On this important day, let’s honor the courage and dedication of humanitarians everywhere by pledging to protect and support them as they help build a more peaceful, humane world for us all.
António Guterres.
Statement from the UN Secretary-General António Guterres on the International Day of Solidarity with Detained and Missing Staff Members 2024; March 25th.
![Tumblr media](https://64.media.tumblr.com/cbb51ace6f0a39950bb517e0437f9c44/445229c6a8f32f1d-a6/s540x810/36ea1955d3db8360c2789d7e32ee76e881f9a669.jpg)
#un staff members#unstaff#unpersonnel#25march#detaineesstaffday#united nations secretary general#united nations security council#international law#international instruments#international human rights treaties#national and international courts and tribunals
0 notes
Text
CS Executive JIGL – Special Courts, Tribunals Under Companies Act Question and Answers
#Law#Legal#Lawsuit#Attorney#HarvardLaw#Justice#CS Executive JIGL – Special Courts#Tribunals Under Companies Act Question and Answers
0 notes
Text
Decoding Section 147: Mangalam Publications Verdict and the Essence of Tax Disclosures
In the intricate legal battle between M/S Mangalam Publications and the Commissioner of Income Tax, Section 147 of the Income Tax Act, 1961, takes centre stage. The case, marked as Civil Appeal Nos. 8580–8582 of 2011, reached its zenith on January 23, 2024, with Hon’ble Mr. Justice B.V. Nagarathna and Hon’ble Mr. Justice Ujjal Bhuyan delivering landmark verdicts. Mangalam Publications Verdict and…
![Tumblr media](https://64.media.tumblr.com/6b1a4a082fbe97275e69963c6c5a1748/75a3237f1f3eef90-49/s540x810/6e3c07d0da7d69b50726a348fc37d0b797924e99.jpg)
View On WordPress
#appellate tribunal#disclosure obligations#financial assessments#future legal interpretations#Income Tax Act#Kerala High Court#landmark ruling#legal case#Legal Verdict#Mangalam Publications#Section 147#tax implications#tax law#Techmin Consulting
0 notes
Text
Appeals Court Blocks Texas From Enforcing Book Rating Law
Victory! Appeals Court Blocks Texas From Enforcing Book Rating Law #Texas #Books #Manga #GraphicNovels #Politics
Three months ago, Judge Alan D. Albright struck down the enforcement of HB 900 (better known as the READER ACT), which would require any vendor who wishes to sell books to the Texas Public School System to provide ratings as to the level of Sexual explicitness. Recently, the 5th Circuit Court of Appeals has blocked the Texas Education Agency from enforcing the Reader Act, dealing another blow to…
![Tumblr media](https://64.media.tumblr.com/26104f0619c5f35e27faba33a569ba08/eb80b46a93930d6c-bd/s540x810/e973bc4968fa809e2f373ef10ca427cb503c2eaa.jpg)
View On WordPress
#5th Circuit Court of Appeals#Books#Censorship#Graphic Novels#LGBTQIA+#Manga#Reader Act#Texas#Texas Education Agency#Texas Government#Texas Law HB 900#Texas Tribune#The Appellate Court#writing
1 note
·
View note
Text
A summary view of the Tribunal judgement on Peter Obi/Labour party case
TRIBUNAL: On the allegation that Tinubu was convicted in the USA and as such disqualified from contesting on grounds of previous conviction, the Tribunal held that this ground of the Petitioners’ petition fails, because there is no evidence that Tinubu was convicted of any criminal offence involving fraud or dishonesty in Nigeria or elsewhere within the 10 years preceding the 2023…
View On WordPress
#bola#Chief justice#court#Election#electoral#labour#law#NEWS#Nigeria#Obi#party#PDP#Peter#president#pressure#Russia#Tinibu#TRIBUNAL
0 notes
Text
Half baked and half finished: How courts and tribunals burned through £1 billion on computers to improve access to justice and failed
Royal Courts of Justice It is portrayed by HM Courts and Tribunals Service as “our vision for reform to make the justice system more straightforward, accessible and efficient.” But this £1.3 billion digital court reform programme has been exposed by the National Audit Office and last week by the House of Commons Public Accounts Committee for having failed to meet its objectives. This ambitious…
![Tumblr media](https://64.media.tumblr.com/59384c581f2e6b81cb93e6e005c2b689/3f2966c75a54e623-f1/s540x810/39b208fa94bcfb2861bc5f784707bb2aa18ded5b.jpg)
View On WordPress
#Bar Council#HM Courts and Tribunals Service#Law Society#national audit office#Public Accounts Committee
0 notes
Text
![Tumblr media](https://64.media.tumblr.com/25e7f8d0bb09ee48129dcb7153fc7b2b/6d0daed959d54d1d-2b/s540x810/845ebdbc94b58c05fe6bdd78842d9e9d0b3ea22b.jpg)
![Tumblr media](https://64.media.tumblr.com/f382b854cc84cb646c88c5736c067f66/6d0daed959d54d1d-d5/s540x810/b3d242a28e989c61611d2708d01f81c1be86ee02.jpg)
![Tumblr media](https://64.media.tumblr.com/31c3fd4f2a51bd2654975c7fab186e9c/6d0daed959d54d1d-52/s540x810/74e3ddc97dfaea938858307ba6722802e1937d08.jpg)
![Tumblr media](https://64.media.tumblr.com/88bf69ec2b059488c72c76fee34b6adc/6d0daed959d54d1d-79/s540x810/a101c6d39b1e415ae571e71e5218b3d952cdcf30.jpg)
![Tumblr media](https://64.media.tumblr.com/dc61e27d4c784b5896d9f3fc9fc85022/6d0daed959d54d1d-b7/s540x810/170076aa9f980f8bfef3cde3900db1390188c029.jpg)
![Tumblr media](https://64.media.tumblr.com/e562a78a6788bdf33a267cc41d4bcb2a/6d0daed959d54d1d-64/s540x810/23fcc6ae9ff35bbc3766cd61add80851a97609ad.jpg)
![Tumblr media](https://64.media.tumblr.com/67a2b301501681a77a7cee2f1e7ed5bd/6d0daed959d54d1d-f4/s540x810/81e7f54b138ab381c812b3c52068eb90469ad7d7.jpg)
![Tumblr media](https://64.media.tumblr.com/2378ca0efa11fa9312b367f43ec2c713/6d0daed959d54d1d-43/s540x810/9a077bff3ef9b01f1982274b8b91ac858f48cafc.jpg)
![Tumblr media](https://64.media.tumblr.com/63f3c0e9165e7840dac68b9f4dad299a/6d0daed959d54d1d-8e/s540x810/806f21d0934c81ea5c42bf68b19681358dc1467b.jpg)
![Tumblr media](https://64.media.tumblr.com/978dd5acac960935ee1821c4fec7d21e/6d0daed959d54d1d-06/s540x810/51970dc6b62f936b4e5a3c3a68b7cedc4c8976b7.jpg)
#columbia#boycott israel#boycott divest sanction#boycotts work#coal#apartheid#save palestine#israel is an apartheid state#ethnic cleansing#free palestine 🇵🇸#genocide#international law#icc war crimes tribunal#icj ruling#international criminal court#international court of justice#maldives#malaysia#make your voice heard#israel must be stopped#stop supplying a pariah state#permanent ceasefire now!#israel lies while palestine dies#israeli apartheid#war crimes#israel is committing genocide#israel is a terrorist state#israel is an illegal occupier#collective punishment#starvation
4 notes
·
View notes
Text
If the Nuremberg Laws were Applied…
-Noam Chomsky
Delivered around 1990
If the Nuremberg laws were applied, then every post-war American president would have been hanged. By violation of the Nuremberg laws I mean the same kind of crimes for which people were hanged in Nuremberg. And Nuremberg means Nuremberg and Tokyo. So first of all you’ve got to think back as to what people were hanged for at Nuremberg and Tokyo. And once you think back, the question doesn’t even require a moment’s waste of time. For example, one general at the Tokyo trials, which were the worst, General Yamashita, was hanged on the grounds that troops in the Philippines, which were technically under his command (though it was so late in the war that he had no contact with them — it was the very end of the war and there were some troops running around the Philippines who he had no contact with), had carried out atrocities, so he was hanged. Well, try that one out and you’ve already wiped out everybody.
But getting closer to the sort of core of the Nuremberg-Tokyo tribunals, in Truman’s case at the Tokyo tribunal, there was one authentic, independent Asian justice, an Indian, who was also the one person in the court who had any background in international law [Radhabinod Pal], and he dissented from the whole judgment, dissented from the whole thing. He wrote a very interesting and important dissent, seven hundred pages — you can find it in the Harvard Law Library, that’s where I found it, maybe somewhere else, and it’s interesting reading. He goes through the trial record and shows, I think pretty convincingly, it was pretty farcical. He ends up by saying something like this: if there is any crime in the Pacific theater that compares with the crimes of the Nazis, for which they’re being hanged at Nuremberg, it was the dropping of the two atom bombs. And he says nothing of that sort can be attributed to the present accused. Well, that’s a plausible argument, I think, if you look at the background. Truman proceeded to organize a major counter-insurgency campaign in Greece which killed off about one hundred and sixty thousand people, sixty thousand refugees, another sixty thousand or so people tortured, political system dismantled, right-wing regime. American corporations came in and took it over. I think that’s a crime under Nuremberg.
Well, what about Eisenhower? You could argue over whether his overthrow of the government of Guatemala was a crime. There was a CIA-backed army, which went in under U.S. threats and bombing and so on to undermine that capitalist democracy. I think that’s a crime. The invasion of Lebanon in 1958, I don’t know, you could argue. A lot of people were killed. The overthrow of the government of Iran is another one — through a CIA-backed coup. But Guatemala suffices for Eisenhower and there’s plenty more.
Kennedy is easy. The invasion of Cuba was outright aggression. Eisenhower planned it, incidentally, so he was involved in a conspiracy to invade another country, which we can add to his score. After the invasion of Cuba, Kennedy launched a huge terrorist campaign against Cuba, which was very serious. No joke. Bombardment of industrial installations with killing of plenty of people, bombing hotels, sinking fishing boats, sabotage. Later, under Nixon, it even went as far as poisoning livestock and so on. Big affair. And then came Vietnam; he invaded Vietnam. He invaded South Vietnam in 1962. He sent the U.S. Air Force to start bombing. Okay. We took care of Kennedy.
Johnson is trivial. The Indochina war alone, forget the invasion of the Dominican Republic, was a major war crime.
Nixon the same. Nixon invaded Cambodia. The Nixon-Kissinger bombing of Cambodia in the early ’70’s was not all that different from the Khmer Rouge atrocities, in scale somewhat less, but not much less. Same was true in Laos. I could go on case after case with them, that’s easy.
Ford was only there for a very short time so he didn’t have time for a lot of crimes, but he managed one major one. He supported the Indonesian invasion of East Timor, which was near genocidal. I mean, it makes Saddam Hussein’s invasion of Kuwait look like a tea party. That was supported decisively by the United States, both the diplmatic and the necessary military support came primarily from the United States. This was picked up under Carter.
Carter was the least violent of American presidents but he did things which I think would certainly fall under Nuremberg provisions. As the Indonesian atrocities increased to a level of really near-genocide, the U.S. aid under Carter increased. It reached a peak in 1978 as the atrocities peaked. So we took care of Carter, even forgetting other things.
Reagan. It’s not a question. I mean, the stuff in Central America alone suffices. Support for the Israeli invasion of Lebanon also makes Saddam Hussein look pretty mild in terms of casualties and destruction. That suffices.
Bush. Well, need we talk on? In fact, in the Reagan period there’s even an International Court of Justice decision on what they call the “unlawful use of force” for which Reagan and Bush were condemned. I mean, you could argue about some of these people, but I think you could make a pretty strong case if you look at the Nuremberg decisions, Nuremberg and Tokyo, and you ask what people were condemned for. I think American presidents are well within the range.
Also, bear in mind, people ought to be pretty critical about the Nuremberg principles. I don’t mean to suggest they’re some kind of model of probity or anything. For one thing, they were ex post facto. These were determined to be crimes by the victors after they had won. Now, that already raises questions. In the case of the American presidents, they weren’t ex post facto. Furthermore, you have to ask yourself what was called a “war crime”? How did they decide what was a war crime at Nuremberg and Tokyo? And the answer is pretty simple. and not very pleasant. There was a criterion. Kind of like an operational criterion. If the enemy had done it and couldn’t show that we had done it, then it was a war crime. So like bombing of urban concentrations was not considered a war crime because we had done more of it than the Germans and the Japanese. So that wasn’t a war crime. You want to turn Tokyo into rubble? So much rubble you can’t even drop an atom bomb there because nobody will see anything if you do, which is the real reason they didn’t bomb Tokyo. That’s not a war crime because we did it. Bombing Dresden is not a war crime. We did it. German Admiral Gernetz — when he was brought to trial (he was a submarine commander or something) for sinking merchant vessels or whatever he did — he called as a defense witness American Admiral Nimitz who testified that the U.S. had done pretty much the same thing, so he was off, he didn’t get tried. And in fact if you run through the whole record, it turns out a war crime is any war crime that you can condemn them for but they can’t condemn us for. Well, you know, that raises some questions.
I should say, actually, that this, interestingly, is said pretty openly by the people involved and it’s regarded as a moral position. The chief prosecutor at Nuremberg was Telford Taylor. You know, a decent man. He wrote a book called Nuremberg and Vietnam. And in it he tries to consider whether there are crimes in Vietnam that fall under the Nuremberg principles. Predictably, he says not. But it’s interesting to see how he spells out the Nuremberg principles.
They’re just the way I said. In fact, I’m taking it from him, but he doesn’t regard that as a criticism. He says, well, that’s the way we did it, and should have done it that way. There’s an article on this in The Yale Law Journal [“Review Symposium: War Crimes, the Rule of Force in International Affairs,” The Yale Law Journal, Vol. 80, #7, June 1971] which is reprinted in a book [Chapter 3 of Chomsky’s For Reasons of State (Pantheon, 1973)] if you’re interested.
I think one ought to raise many questions about the Nuremberg tribunal, and especially the Tokyo tribunal. The Tokyo tribunal was in many ways farcical. The people condemned at Tokyo had done things for which plenty of people on the other side could be condemned. Furthermore, just as in the case of Saddam Hussein, many of their worst atrocities the U.S. didn’t care about. Like some of the worst atrocities of the Japanese were in the late ’30s, but the U.S. didn’t especially care about that. What the U.S. cared about was that Japan was moving to close off the China market. That was no good. But not the slaughter of a couple of hundred thousand people or whatever they did in Nanking. That’s not a big deal.
447 notes
·
View notes
Text
"Tuesday’s [April 9, 2024] definition-shifting court ruling means nearly 50 governments must now contend with a new era of climate litigation.
Governments be warned: You must protect your citizens from climate change — it’s their human right.
The prescient message was laced throughout a dense ruling Tuesday from Europe’s top human rights court. The court’s conclusion? Humans have a right to safety from climate catastrophes that is rooted in their right to life, privacy and family.
The definition-shifting decision from the European Court of Human Rights means nearly 50 governments representing almost 700 million people will now have to contend with a new era of litigation from climate-stricken communities alleging inaction.
While the judgment itself doesn’t include any penalties — the case featured several women accusing Switzerland of failing to shield them from climate dangers — it does establish a potent precedent that people can use to sue governments in national courts.
The verdict will serve “as a blueprint for how to successfully sue your own government over climate failures,” said Ruth Delbaere, a legal specialist at Avaaz, a U.S.-based nonprofit that promotes climate activism...
Courting the courts on climate
The European Court of Human Rights was established in the decade following World War II but has grown in importance over the last generation. As the judicial arm of the Council of Europe, an international human rights organization, the court’s rulings are binding on the council’s 46 members, spanning all of Europe and numerous countries on its borders.
As a result, Tuesday’s [April 9, 2024] ruling will help elevate climate litigation from a country-by-country battle to one that stretches across continents.
Previously, climate activists had mostly found success in suing individual countries to force climate action.
A 2019 Dutch Supreme Court verdict forced the Netherlands to slash its greenhouse gas emissions by 25 percent, while in 2021 a French court ruled the government was responsible for environmental damage after it failed to meet greenhouse gas reduction goals. That same year, Germany’s Constitutional Court issued a sweeping judgment that the country’s 2019 climate law was partly “unconstitutional” because it put too much of the emissions-cutting burden on future generations.
Even in the U.S., young environmental activists won a local case last year against state agencies after arguing that the continued use of fossil fuels violated their right to a "clean and healthful environment."
But 2024 is shaping up to be a turning point for climate litigation, redefining who has a right to sue over climate issues, what arguments they can use, and whom they can target.
To start, experts overwhelmingly expect that Tuesday’s ruling will reverberate across future lawsuits — both in Europe and globally. The judgment even includes specifics about what steps governments must take to comply with their new climate-related human rights obligations. The list includes things like a concrete deadline to reach climate neutrality, a pathway to getting there, and evidence the country is actually on that path...
Concretely, the verdict could also affect the outcomes of six other high-profile climate lawsuits pending before the human rights court, including a Greenpeace-backed suit questioning whether Norway's decision to grant new oil and gas licenses complies with its carbon-cutting strategy.
An emerging legal strategy
In the coming months, other international bodies are also expected to issue their own rulings on the same thorny legal issues, which could further solidify the evolving trend.
The International Court of Justice, the International Tribunal for the Law of the Sea and the Inter-American Court of Human Rights all have similar cases working through the system.
"All these cases together will clarify the legal obligations of states to protect rights in the context of climate change — and will set the stage for decades to come," said Chowdhury, from the environmental law center."
-via Politico, April 9, 2024
#europe#human rights#legal system#international politics#climate change#climate emergency#climate hope#international law#netherlands#france#germany#united states#switzerland#good news#hope
2K notes
·
View notes
Note
(sorry this is from a week ago but) Wait, what's going on right now that's complicated with Amazonian farmers' land rights?
Not farmers, indigenous people
See, recently they put a new law through congress that severely reduces indigenous land to the borders established during the late dictatorship, or immediately post-dictatorship, in 1988. An absolute joke of a border that was dreamed up by some military assholes. People in america may recognize this type of society from the times of westward expansion and think this is a thing of the past because for you guys it is. But here it is a reality. Murder is rampant. The reach of the law is incredibly limited. Government is just too weak and landowners basically run things. THAT'S WHY it's so important to donate directly to the native peoples instead of random NGOs because native people are fucking there and the more power they hold in the land the safer the land will be from agroindustrial expansion.
Well the law was vetoed by the the president and the Supremo Tribunal Federal, aka supreme federal court, labeled it as unconstitutional. Which it is, because our 1988 constitution describes native american land rights in some of its first articles. We thought this would be it for the law
But then the senate (that already overrepresents landowners in rural states) just went along and approved it anyway. I had no idea they could approve something unconstitutional. The progressives and particularly the socialists are fighting this in court. But it happens that for now the legal border is the severely reduced version.
Doesn't mean they'll just give up, because as it happens we don't have any stand your ground laws so even if you own a piece of land, you cannot legally speaking just shoot everyone there. Or attack or threaten them in any way. They'll just have long legal battles individually for the rights to occupy land based on use. Also the Xingu national park, the largest preserved land of the Amazon described as 'larger than Belgium', is being encroached by huge farms that are poisoning their water supply. The border is Visible. I'll try to find video of it but essentially you have a forest and a desert separated by a strict line.
Just last week in the south of Bahia (not the Amazon, let me explain more about the Amazon situation in a bit) Hãhãhãe leadership Nega Muniz Pataxó was shot and killed by an armed militia group that invaded and occupied the Caramuru territory.
instagram
The situation in the Amazon, specifically the yanomami territory in Roraima our northernmost state, aka deep forest, is more dire than average given difficulty of access, sheer size, and government abandonment. It's a place that depends on government aid for medicine. It's land that is being systematically invaded by gold miners, pandemic, toxins from nearby farmlands, wood extraction etc. (wood extration is rampant everywhere tho). Early 2023 saw a massive federal government operation by now president Lula to empty the mines and try to look for where funding comes from. Yanomami land is still being invaded to this day, the struggle is ongoing.
The yanomamis need support right now more than any other. Last year saw a massive heat wave that (well, one, caused a girl named Ana Clara Machado to die during the Taylor Swift concert. This is unrelated but I feel like not enough foreign media covered this, Taylor even lied about it as well.) dried up a lot of rivers, killed a LOT of fresh water animals including an unprecedented amount of pink dolphins. Access that was already hard became damn near impossible without boats. I cannot overstate how many pink dolphins were found dead.
Another technique that landowners use to clear space for farms is to just set things on fire and then occupy the empty land, which they legally can do to land that was naturally burned in a forest fire. It happened that Pantanal, another national park of swampland, was massively devastated by fires last year too
this article is from 2020, the year that the worst fire happened, but in 2023 there was another one. It's been happening yearly now due to a) deliberate action and b) climate change aggravation.
And this is not nearly all. Just off the top of my head. If you speak portuguese I recommend following the APIB or the COIAB on instagram to keep up with the news. The FUNAI is the government branch of indigenous organization, but it's not generally that well liked. Still.
807 notes
·
View notes
Text
![Tumblr media](https://64.media.tumblr.com/ae499099779b363ae05a87e4654ba9a2/ef0f1d2e14b888f8-53/s540x810/55d1cc30ac0288fe95b84f1d533f421d51d0eed6.jpg)
![Tumblr media](https://64.media.tumblr.com/68fe8ea671146168cf957d79d7303ac7/ef0f1d2e14b888f8-47/s540x810/fc024da0bbecd6237e25113492babd1e5cdca852.jpg)
![Tumblr media](https://64.media.tumblr.com/d78dd2b60585d56d1554126f5eb9bcc8/ef0f1d2e14b888f8-5a/s540x810/f0538682552face4d2649a6fe043f40d78779a62.jpg)
![Tumblr media](https://64.media.tumblr.com/4437e7edd10b921441234721373247e3/ef0f1d2e14b888f8-4b/s540x810/88f0192f92f68cb24f4963b4bbd7bc0fe8c850db.jpg)
I helped make something really cool happen with a really wonderful group of former farmworkers. About a month ago I was contacted by a group of former farmworkers from Latin America. In 2023, they were part of a group of 130 workers recruited from Chile by a farm owned by Haygrove, a multinational berry producer, via their affiliate there. They were offered loans for flights to come work in the UK on the Seasonal Worker Scheme, and promised decent hours and life changing wages.
When they arrived in the UK, they were held on a campsite for 12 days without any income, and only signed their contract when the fruit was ready so Haygrove didn't have to pay them; the hours were extremely variable, and their earnings way less than they were promised; they were only paid for the time they were picking, and had to meet very high targets of 18kg of cherries an hour to avoid punishment; the supervisors discriminated against them, giving them the worst fields and giving the best ones to workers of the same race as them, and making them do unpaid work that others didn't have to do; and then to add insult to injury they were asked to pay back their loans, which cost way more than what they were told in Chile. 88 of the workers went on strike against this.
The farm then said they would pay for flights home for those who were having a bad time, as a way of getting the ringleaders out of the country. 30 of them signed up for this. 6 of them got their flights paid for; the others then suddenly found themselves dismissed, or being denied all work altogether. They (it is unclear whether this was their own decision or at the farm's encouragement - I've heard both) went to London to wait for their flights, and then recevied a message saying that they had absconded and that they were no longer the farm's responsibility.
They were left penniless and homeless for a signficant period of time, and now living in Salvation Army accomodation, who are contracted by the UK government run safehouses for people who are potential victims of trafficking. They have been treated abysmally in them. The Salvation Army was set up in the 19th century to provide a militarised, disciplinarian approach to poverty and they maintain that attitude in their treatment of the workers. They are now awaiting the outcome of employment tribunals, supported by the UVW union and court decisions over whether they are victims of trafficking and exploitation.
One of the worst things about this situation is that I know of many workers in the same situation, workers who were dismissed, overcharged to come to the UK and couldn't earn enough to pay their debts, intimidated by debt collectors in their home countries, living in the same sort of limbo trapped in the UK. The Seasonal Worker Visa scheme these workers were recruited on, which governs the arrival of 43,000 farmworkers, ties workers to a recruitment agency which places workers on farms they have contracts with. They are not allowed to change employer without their permission. They are only allowed to stay in the country for 6 months (any longer would count towards net immigration figures), while only now 2 years later are they having initial hearings around their employment tribunal. Other workers have waited longer for their case to be heard, and others were failed completely by the tribunal process.
The workers have been left no choice but to demonstrate, demanding justice in their case, improved conditions for farmworkers, and the right of residency in order to pursue their case and as compensation for their treatment. The demo was covered in several news stories and you can find some good photos here. We had prepared a dossier of evidence of trafficking, mistreatment and exploitation to present to the Home Office but they refused to take it.
Of course, if Haygrove want to threaten me with libel law, all of this is "allegedly" and to be decided in a court stacked against these workers in the coming year. I think their boss Angus Davison should take some cash out of his £181,000 a year salary, or maybe some from their 3 executives average salary of £120,000 salary each (director renumeration on page 20) to sort out the situation, but that's just my personal opinion.
175 notes
·
View notes