Rights-based litigation in the climate emergency

Mapping the landscape and new knowledge frontiers

Bibliographic Data

ID12937010
AuthorsAnnalisa Savaresi (0000-0002-4255-3696, corresponding author), Joana Setzer (0000-0002-7705-7684)
Year2022
Volume13
Issue1
Publication date2022-03-01
Open AccessYes
TypeARTICLE
VenueJournal of Human Rights and the Environment (JOURNAL)
Journal identifiersISSN: 1759-7188 • E-ISSN: 1759-7196
PublisherEdward Elgar Publishing (PUBLISHER • GB)
DOI10.4337/jhre.2022.01.01
OpenAlexW3205558015
LanguageEN
Citations received2

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 of human rights and environmental law, highlighting knowledge gaps that deserve further investigation, both from an academic and from a policy and practice perspective

Climate change · Context (archaeology · Economics · Environmental resource management · Environmentalism · Geography · Human rights · Intersection (aeronautics · Law and economics · Political science · Politics · Sociology · Climate Change and Geoengineering · Environmental law and policy · Human Rights and Development · Law · Ecology

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Open DOIOpen Access