Climate Constitutionalism as a Foundation for Climate Litigation in Latin America
Bibliographic Data
| ID | 12930113 |
|---|---|
| Authors | Délton Winter De Carvalho (0000-0001-9469-5779, corresponding author), Rafaela Santos Martins da Rosa (0000-0003-0877-0141) |
| Year | 2023 |
| Volume | 16 |
| Issue | 1 |
| Pages | 71-88 |
| Publication date | 2023-11-17 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Human Rights Practice (JOURNAL) |
| Journal identifiers | ISSN: 1757-9619 • E-ISSN: 1757-9627 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jhuman/huad055 |
| OpenAlex | W4388749313 |
| Language | EN |
| Citations received | 6 |
| References cited | 16 |
Climate emergency is one of the facets shaping the current stage of ecological imbalance and requires action to be taken. The trend to address conflicts involving climate change by legal means is clearly on the rise, and the article argues that this calls for an evolving constitutional dialogue on human rights. The article examines the phenomenon, particularly in Latin American countries, explaining how past development of constitutions in the region, for all its precarious effectiveness, has already served to consolidate a path demanding judicial review in matters affecting human rights of constitutional stature. It argues that this path is being pursued by the ongoing climate litigation in Latin America. Based on case discussions, the article demonstrates how compliance with the Paris Agreement has been assimilated as a commitment to constitutional protection of human rights in the region, and how this process must deepen, taking into account regional vulnerabilities and future developments, in order to strengthen the fundamental human right not only to mitigation, but also to adaptation and equitable transitions
Climate change · Constitutionalism · Democracy · Foundation (evidence · Latin Americans · Library science · Political science · Politics · Climate Change and Geoengineering · Environmental law and policy · Human Rights and Development · Geology · History · Law · Oceanography
Adaptation and engagement with contemporary sustainability challenges in the EU-Andean and EU-Central America free trade agreements
Exploring Institutional Barriers to Effective Human Rights-Based Climate Litigation in Latin American Courts—Lessons from Chile and Ecuador
The Escazú Agreement Contribution to Environmental Justice in Latin America
Developments, Opportunities, and Complexities in Global South Climate Litigation
Rights-Based Climate Litigation in Brazil
The ‘Fair Share’ of Climate Mitigation
The Oxford Handbook of Constitutional Law in Latin America
The Principles of Constitutionalism
The 2017 Inter-American Court's Advisory Opinion
Climate litigation in Latin America
The Escazú Agreement Contribution to Environmental Justice in Latin America
Rights-Based Climate Litigation in Brazil
The Legally Disruptive Nature of Climate Change
| Citations per year | 2 |
|---|---|
| Citation span | 2023 - 2025 (3) |
| Highly cited | No |