On December 15, 2022, the Eleventh Collegiate Court for Administrative Matters of the First Circuit (Mexico City), an appellate court, ruled in favor of the Mexican government in the NGO vs. government case regarding a lack of ambition in updating Mexico's Nationally Determined Contributions (NDCs). The ruling is both consistent with and inconsistent with the Escazú Agreement.
Accordingly, the court applied a broad criterion of active legitimacy in ruling that the defense of the right to a healthy environment can be promoted by environmental organizations and not only by natural persons, thereby recognizing Greenpeace's authority to take the case.
However, the court denied the requested injunction, ruling that the plaintiff failed to provide “the necessary evidence” to demonstrate that updating the NDCs violates the human right to a healthy environment. This decision disregards the Escazú Agreement, which mandates that judges apply measures such as the reversal of the burden of proof, shifting the duty to prove to the defendant.
Consult the complete and updated case information here .
On December 15, 2022, the Eleventh Collegiate Court for Administrative Matters of the First Circuit (Mexico City), an appellate court, ruled in favor of the Mexican government in the NGO vs. government case regarding a lack of ambition in updating Mexico's Nationally Determined Contributions (NDCs). The ruling is both consistent with and inconsistent with the Escazú Agreement.
Accordingly, the court applied a broad criterion of active legitimacy in ruling that the defense of the right to a healthy environment can be promoted by environmental organizations and not only by natural persons, thereby recognizing Greenpeace's authority to take the case.
However, the court denied the requested injunction, ruling that the plaintiff failed to provide “the necessary evidence” to demonstrate that updating the NDCs violates the human right to a healthy environment. This decision disregards the Escazú Agreement, which mandates that judges apply measures such as the reversal of the burden of proof, shifting the duty to prove to the defendant.
Consult the complete and updated case information here .