In this episode we are joined by Professor Svenja Ahlhaus. Svenja Ahlhaus is junior professor of Political Theory at the University of Münster in Germany. Her research interests span from theories of political representation in ecological crises to the boundaries of political communities, migration, citizen- and membership, to questions of democracy and religion. In this episode we discuss some of Svenja’s recent and ongoing work on strategic litigation and its role in democracy; specifically whether there is such a thing as anti-democratic strategic litigation and how this concept relates to the context of strategic climate litigation.

Svenja explains some possible traits of strategic litigation that could mean that it actually undermines some core functioning of democracy. Through this conversation we gain insights on a more nuanced picture of strategic litigation. Which becomes only more important as strategic litigation becomes a more prevalent phenomenon and we are continuing to struggle with democratic backsliding. By understanding the risks it bears better, the conversation hopefully also inspires on how to address these challenges.

References

SLAPP of Energy Transfer against Greenpeace International (decision from North Dakota)

Greenpeace International fighting SLAPP under EU legislation

Recommendation

David Kirkpatrick, The Next Targets for the Group that Overturned Roe (October 2, 2023 in The New Yorker)

About

Editing: Simon Waswa

Music: “Delayed Flight” by Michael Ramir C. via mixkit

Recorded at the University of Amsterdam, June 2026

The LitDem Project

This project has received funding from the European Research Council (ERC) under the European Union's Horizon Europe research and innovation programme (grant agreement n° 101125511).

International Investment Law as an Obstacle to Climate Protection

The episode introduces the basics of international investment law, zooming in on Investor-State Dispute Settlement (ISDS), a system of dispute resolution which allows foreign investors to seek damages, amounting on average to several hundreds of millions of euros, against governments.

Wiebe delves into the history of ISDS, explaining how fossil fuel companies like Shell were actively involved in the creation and shaping of international investment law. Stephanie outlines the most common criticisms of ISDS, including the system's lack of transparency and its potential to create a chilling effect on climate policy. She explains these dynamics further using the example of the case of ExxonMobil v the Netherlands concerning the closure of the Groningen gas field.

Finally, Stephanie and Wiebe reflect on perspectives for reform, concluding that procedural reforms of ISDS fall short of meaningfully addressing concerns around regulatory chill and the legitimacy of ISDS as such. Ending on a hopeful note, Stephanie brings up how ISDS was discussed as a potential barrier to climate action at the first Conference on Transitioning Away from Fossil Fuels in Santa Marta, indicating that internationally political momentum is building towards a potential overhaul of or exit from the system altogether.

References

Wiebe Hommes & Laurens Ankersmit, Shell and the Creation of International Investment Law, 1957–1968

Investor-State Dispute Settlement: What Are We Trying to Achieve? Does ISDS Get us There?

Investor-state dispute settlements: a hidden handbrake on climate action

ICSID Caseload Statistics 2024

Kyla Tienhaara & Christian Downie, Risky Business? The Energy Charter Treaty, Renewable Energy, and Investor-State Disputes

Conference on Transitioning Away from Fossil Fuels (Santa Marta)

SOMO & Both Ends Road Map for Santa Marta Conference

Recommendations

Documentary: The Tribunal

Report: Aftershock in Groningen

The Nutmeg's Curse

About

Editing: Clara Kammeringer

Music: “Delayed Flight” by Michael Ramir C. via mixkit

Recorded at the University of Amsterdam, May 2026

The LitDem Project

This project has received funding from the European Research Council (ERC) under the European Union's Horizon Europe research and innovation programme (grant agreement n° 101125511).

Educating Climate Conscious Lawyers

Julia Dehm speaks about what it means to work, teach, and think as a lawyer in the midst of the climate crisis. Julia reflects on the relationship between theoretical research and real-world impact, the importance of collaborative and community-engaged scholarship, and the need to make climate change central rather than peripheral to legal education and legal practice. The conversation also explores how historical approaches can help lawyers better understand the structures that have produced ecological harm, while also opening space for more just and imaginative legal futures.

The episode further discusses the practical and personal dimensions of doing climate-related work: avoiding burnout, balancing academic life with family responsibilities, and building supportive communities. The episode offers an invitation to think about law not only as a tool for responding to environmental crisis, but as a field that must itself be transformed by ecological awareness, responsibility, and care.

Julia Dehm is an Associate Professor and ARC DECRA Fellow in the School of Law, La Trobe University Australia. Her research addresses issues of international and domestic climate change and environmental law, natural resource governance and human rights, economic inequality and social justice. She visited the UvA as participant in the Decolonial Futures Scholars in Residence Programme 2026.

References

Becoming a climate conscious lawyer: Climate change and the Australian legal system, edited by Julia Dehm, Nicole Graham and Zoe Nay

Scorecard — Law Students for Climate Accountability

Julia Dehm and Erin Fitz-Henry, ‘Climate Reparations in Australia’ Alternative Law Journal

Youth Verdict v. Waratah Coal - The Climate Litigation Database

ASRA Network | Waratah Coal v. Youth Verdict

Home - The Australian Climate Case

"Daniel Billy" Case

Recommendations

WHO'S GONNA SAVE US?

Saving The Franklin | Dig with Jo Lauder

About

Editing: Martyna Durlik

Music: “Delayed Flight” by Michael Ramir C. via mixkit

Recorded at the University of Amsterdam, May 2026

The LitDem Project

This project has received funding from the European Research Council (ERC) under the European Union's Horizon Europe research and innovation programme (grant agreement n° 101125511).