|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers|
|Citation:||Savaresi A & Setzer J (2022) Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers. Journal of Human Rights and the Environment, 13 (1), pp. 7-34. https://doi.org/10.4337/jhre.2022.01.01|
|Abstract:||This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context of the climate emergency. We rely on well-established categories used in the literature on climate litigation and on human rights and the environment to provide the first systematic analysis of rights-based litigation that aligns with climate objectives. Building on this basis, we consider the significant data and knowledge gaps concerning human rights litigation that does not align with climate objectives. We flag the need to better understand the role of rights-based litigation in the context of the complex societal changes associated with a just transition towards net zero emissions. The article contributes to scholarly inquiry into this new and increasingly prominent area at the intersection ofhuman rights and environmental law, highlighting knowledge gaps that deserve further investigation, both from an academic and from a policy and practice perspective.|
|Rights:||© Savaresi and Setzer, 2022. This is an open access article distributed in accordance with the Creative Commons Attribution 2.0 Unported (CC BY 2.0) license, which permits others to copy, redistribute, remix, transform and build upon this work for any purpose, provided the original work is properly cited, a link to the licence is given, and indication of whether changes were made. See: https://creativecommons.org/licenses/by/2.0/.|
|Savaresi-Setzer-JHRE-2022.pdf||Fulltext - Accepted Version||428.78 kB||Adobe PDF||View/Open|
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