Preserving a Habitable World: Climate Change Before International and Regional Courts - l'EHESS Workshop

Faced with the resounding successes of fossil-fuel interests, which are driving down public climate ambition and limiting investors’ ability to integrate climate considerations into their decisions, sustainability practitioners are increasingly turning to the courts.

Climate justice is, in fact, experiencing remarkable momentum: national, regional, and international jurisdictions are taking the gravity of climate change seriously and reminding States of their duty of care regarding climate protection.

This event will explore the impact of judicial voices in the face of political and economic challenges, through several perspectives:

• Key Contributions of Recent Decisions and Opinions
  Marie-Angèle Hermitte, Honorary Research Director at CNRS and Honorary Director of Studies at EHESS

• France’s Position Before the International Court of Justice and the Court’s Reasoning
  Nabil Hajjami, Deputy Director for Public International Law, Legal Affairs Directorate of the French Ministry of Foreign Affairs

• Tensions Between International Obligations and State Sovereignty, in a Context of Criticism of a “Government of Judges”
  Pierre Brunet, Professor of Public Law, Sorbonne Law School (University of Paris I: Panthéon-Sorbonne)

• The Economic Governance of Climate and the Shift from Legal Constraint to Informational Regulation
  Frédéric Ducoulombier, Programme Director,  Climate Regulation and Policies, EDHEC Climate Institute, EDHEC Business School

Following his recent opinion pieces, Frédéric Ducoulombier will examine how the promise of self-regulated climate finance has shifted constraints away from the legal sphere toward informational requirements, and how the combination of rising disclosure obligations and insufficient transformative action has fueled narratives promoted by fossil-fuel interests, narratives that challenge the legitimacy of legislators today and courts tomorrow.

This session is part of the Atelier de casuistique juridique et morale, co-organised by Paolo Napoli (Director of Studies, EHESS) and Muriel Ubéda-Saillard (Professor of Law, University of Lille). The workshop examines, through real-world cases, how law is constructed and transformed in response to contemporary moral and political dilemmas.

Online attendance: https://bbb.ehess.fr/b/pao-yfp-zct-h2t

Full seminar programme: https://enseignements.ehess.fr/2025-2026/ue/205