The role of international courts in addressing contemporary global challenges such as environmental and human rights law is very much the start of a legal process that will develop over the coming years, according to Judge Tim Eicke, the British judge representing the UK at the European Court of Human Rights (ECHR).

Judge Eicke was speaking at the 2024 Mabel Strickland Memorial Lecture organised by the Strickland Foundation in collaboration with the Casino Maltese, Valletta.

His talk was entitled ‘The ECHR and the Protection of the Environment. Where are we now?’ 

He shared insights from the ECHR’s recent rulings, particularly on climate change and intergenerational equity and explored how international human rights frameworks are being adapted to tackle the unique challenges posed by environmental degradation and global warming

Judge Eicke said international courts addressing global challenges was a legal area that brings challenges and one has to see how case law develops both at national and international levels.

He shared insights from the ECHR’s recent rulings, particularly on climate change and intergenerational equity and explored how international human rights frameworks are being adapted to tackle the unique challenges posed by environmental degradation and global warming. 

Highlighting the court’s commitment to protecting vulnerable populations, including future generations, he argued that states have a responsibility to take proactive measures in mitigating climate risks. However, he also critically examined the limitations of the European Convention on Human Rights in directly addressing environmental issues, underscoring the need for careful interpretation to balance state sovereignty and international obligations.

Judge Eicke’s remarks also touched on the broader implications of climate-related litigation, such as the growing tension between judicial innovation and the democratic mandate of governments. His perspective offered valuable insight into the complexities of crafting enforceable obligations while respecting the limits of the court’s mandate.

The talk was well-received by the audience which consisted of legal professionals as well as representatives of Malta and Gozo’s environmental NGOs, other NGOs, academics, as well as MPs and diplomats. An extensive Q&A session with Judge Eicke followed with discussion on the intersection of law, policy, and environmental protection.