Climate Change and Human Rights. Exploring Human Rights-Based Climate Litigation

The thesis explores the significance, key trends, and motivation behind a growing global phenomenon of climate change litigation grounded in human rights arguments. Its beginning focuses on uncovering the litigants’ incentives and legal position by studying the interconnectedness of climate change and human rights in their relevant international and regional frameworks. Following this analysis, which identifies the shortcomings of the UN Climate Change Regime in addressing human rights implications and conversely, the particular receptivity of human rights systems and law to engage with environmental issues, the thesis proceeds with an analysis of climate-rights litigation. As the examination of selected case law will reveal, the responses of courts and adjudicative bodies offer a variety of differing approaches to the question of whether insufficient governmental climate measures violate fundamental human rights. The analysis will especially aim to identify and explore leading trends, as well as limitations, of this multi-jurisdictional wave of litigation. While procedural hurdles and complex scientific issues may pose as a significant obstacle to the successful protection of human rights amidst pervasive threats of climate change, several decisions in the litigants’ favour suggest that adjudicative bodies can and already do play a meaningful role in addressing the climate crisis.

Author dc:creator

• Stella Balder 1990-

Contributors dc:contributor

• Háskóli Íslands

• Umhverfis- og auðlindaréttur
• Mannréttindi
• Loftslagsbreytingar

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/1946/46829

OAI identifier oai:identifier

oai:skemman.is:1946/46829