Sacchi and Others v. Argentina

373 Human rights — Rights of children — Implications for children of acts and omissions of State relating to climate change mitigation — Whether carbon emissions originating from the territory of a certain State — Notion of “territory” — Causal link between a State’s acts and omissions and the harm caused to children resulting from climate change — Level of control over carbon-emitting activities for the purposes of causal link — Effective control — Whether foreseeability of harm to authors a question of jurisdiction — Whether scientific evidence showing foreseeability for Argentina that its acts and omissions could cause harm to authors — Whether harm caused to authors “significant” — Meaning of “significant” harm International tribunals — United Nations Committee on the Rights of the Child — Jurisdiction — Local remedies rule — Local remedies to be exhausted where reasonable prospect of redress — Discretionary nature of remedies not preventing them from giving reasonable prospect of redress — Whether potential non-justiciability questions preventing remedies from giving reasonable prospect of redress — Whether sovereign immunity question arising — Whether authors showing that to pursue domestic remedies in Argentina unduly prolonged — Admissibility of communication — Whether Argentina in breach of its obligations under United Nations Convention on the Rights of the Child, 1989 Jurisdiction — Extraterritorial jurisdiction — Whether carbon emissions originating from territory of a certain State — Notion of “territory” — Causal link between a State’s acts and omissions and the harm caused to children resulting from climate change — Level of control over carbon-emitting activities for the purposes of causal link — Effective control — Harm having to be reasonably foreseeable to State at time of its acts and omissions Environment — Climate change — Implications for children of acts and omissions of State relating to climate change mitigation — Whether foreseeable that acts and omissions of State could cause harm to authors — Whether harm caused “significant” — Admissibility of communication — Whether Argentina in breach of its obligations under United Nations Convention on the Rights of the Child, 1989