Please use this identifier to cite or link to this item:
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
Author(s): Savaresi, Annalisa
Setzer, Joana
Contact Email:
Keywords: climate change
climate litigation
human rights
just transition
Issue Date: Mar-2022
Date Deposited: 23-Nov-2021
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.
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.
DOI Link: 10.4337/jhre.2022.01.01
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:
Licence URL(s):

Files in This Item:
File Description SizeFormat 
Savaresi-Setzer-JHRE-2022.pdfFulltext - Accepted Version428.78 kBAdobe PDFView/Open

This item is protected by original copyright

A file in this item is licensed under a Creative Commons License Creative Commons

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.