Recommended Citation
Michael P. Scharf,
Will Climate Change Be the Next Grotian Moment?,
56 Case W. Res. J. Int'l L.
9
(2024)
Available at:
https://scholarlycommons.law.case.edu/jil/vol56/iss1/4
Abstract
Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.