(2017) 26:3 Review of European, Comparative & International Environmental Law 276
Sarah Thomson initiated a judicial review concerning the Government of New Zealand’s response to climate change, which she considered insufficient in the light (among others) of New Zealand’s obligations under international law. Her claims relating to New Zealand’s NDC were dismissed.
In an obiter at para. 38, Mallon J. notes a country’s NDC is not binding under international law. This is doubtful. States have an obligation under article 4, paragraph 2, of the Paris Agreement, to take measures in view of realizing the objectives of their NDCs. NDCs may also constitute unilateral declarations capable of creating legal obligations.
The International Carbon Action Partnership (ICAP) has published its 2018 status report on Emissions Trading Worldwide.
The Center for International Environmental Law has published States’ Human Rights Obligations in the Context of Climate Change: Synthesis Note on the Concluding Observations and Recommendations on Climate Change Adopted by UN Human Rights Treaty Bodies.