Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/29569
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Climate Change Litigation and Human Rights: Pushing the Boundaries
Author(s): Savaresi, Annalisa
Auz, Juan
Contact Email: annalisa.savaresi@stir.ac.uk
Keywords: Human rights
climate litigation
state actors
non-state actors
carbon majors
Issue Date: Jun-2019
Citation: Savaresi A & Auz J (2019) Climate Change Litigation and Human Rights: Pushing the Boundaries. Climate Law, 9 (3), pp. 244-262. https://doi.org/10.1163/18786561-00903006
Abstract: The adoption of the Paris Agreement has prompted a flurry of climate change litigation, both to redress the impacts of climate change and to put pressure on state and non-state actors to adopt more ambitious action to tackle climate change. The use of human rights law as a gap-filler to provide remedies where other areas of the law do not is not new, especially in the environmental context. It is therefore not a surprise that human rights arguments are increasingly being made, and human rights remedies increasingly being sought, in climate change litigation. While relatively few cases have been argued on human rights grounds so far, the trend is continuing and accelerating, with some striking results. This article takes stock of human rights arguments made in climate change litigation to date to gauge what they reveal about the evolving relationship between human rights and climate change law—and about possible future developments.
DOI Link: 10.1163/18786561-00903006
Rights: [Climate Change Litigation and Human Rights clean_.pdf] This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. Publisher policy allows this work to be made available in this repository. Published in Climate Law, 2019, Volume 9, Issue 3, pp. 244-262 by Brill. The original publication is available at: https://doi.org/10.1163/18786561-00903006
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