Rethinking Effective Remedies to the Climate Crisis
A Vulnerability Theory Approach
Bibliographic Data
| ID | 12957366 |
|---|---|
| Authors | Milka Sormunen (0000-0001-9220-2029, University of Helsinki, corresponding author) |
| Year | 2023 |
| Volume | 24 |
| Issue | 2 |
| Pages | 171-192 |
| Publication date | 2023-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Human Rights Review (JOURNAL) |
| Journal identifiers | ISSN: 1874-6306 • E-ISSN: 1524-8879 |
| Publisher | Springer Science+Business Media (PUBLISHER • DE) |
| DOI | 10.1007/s12142-023-00686-4 |
| OpenAlex | W4380986227 |
| Language | EN |
| Citations received | 4 |
| References cited | 71 |
Although the harmful effects of climate change on human rights are well-recognized, the legal response to the climate crisis has been inadequate. This is particularly problematic as the crisis disproportionately affects vulnerable groups, which is exacerbated by a lack of effective remedies in contesting the adverse effects of climate change. The article argues that vulnerability theory offers a persuasive framing for rethinking what kind of remedies can be considered effective in the context of the climate crisis. A vulnerability theory approach shows how vulnerability increased by the climate crisis is universal but differentially distributed. Effective remedies are an essential part of responding to this vulnerability. The article suggests that characteristics of an effective remedy include the ability to contest breaches of positive obligations, speediness, the ability to contest future harms, the ability to contest breaches of extraterritorial obligations, bindingness, and equality of standing
Climate change · Computer security · CONTEST · Context (archaeology · Development economics · Economics · Environmental ethics · Framing (construction · Geography · Human rights · Law and economics · Political economy · Political philosophy · Political science · Politics · Sociology · Vulnerability (computing · Climate Change and Geoengineering · Climate Change, Adaptation, Migration · Environmental law and policy · Law · Ecology
The Political Ecology of Climate Remedies in Latin America and the Caribbean
Recognising differentiated affectedness within a global demos
The construction of an evaluation index system for the health vulnerability of frail and vulnerable older persons in nursing homes
The concept of vulnerability and its relation to the concepts of inequality and discrimination – a review article
The Lancet Countdown on health and climate change
Vulnerable groups
The New Separation of Powers
Climate Change, Human Rights, and Social Justice
Vulnerability, Advanced Global Capitalization and Co-Symptomatic Injustice
Factors Associated with the Climate Change Vulnerability and the Adaptive Capacity of People with Disability
Human Rights in a Positive State
Responsive Human Rights
The Protection of Vulnerable Groups under International Human Rights Law
Social Rights Jurisprudence
The Right to Access to Justice
Causation between State Omission and Harm within the Framework of Positive Obligations under the European Convention on Human Rights
Swimming against the Tide
A Difficult Legacy
Rethinking Dignity
The Anthropocene, Earth system vulnerability and socio-ecological injustice in an age of human rights
The vulnerable living order
Incorporating climate justice into legal reasoning
Rights-based litigation in the climate emergency
Do human rights help or hinder environmental protection
Deliberative democracy and the climate crisis
Disability and vulnerability
Addressing human vulnerability to climate change
The determinants of vulnerability and adaptive capacity at the national level and the implications for adaptation
Climate Change before the European Court of Human Rights
Access to Justice for Children
Vulnerabilisation
Litigating climate change through international law
Globalization, Vulnerability to Climate Change, and Perceived Injustice
Voice’ is not enough
The Boundaries of Justiciability
Climate Change Mitigation as an Obligation Under Human Rights Treaties
International Law
Challenging Executive Dominance in E uropean Democracy
Vulnerability, Equality, and Animals
Turning the Tide
Something Ventured, Nothing Gained?—Remedies before the ECtHR and Their Potential for Climate Change Cases
The de-institutionalisation of power beyond the state
Climate Change 2022 - Impacts, Adaptation and Vulnerability
Social Vulnerability to Environmental Hazards
Addressing Climate Change through International Human Rights Law
Children and Youth in Strategic Climate Litigation
| Unique citing works | 4 |
|---|---|
| Citations per year | 2 |
| Citation span | 2024 - 2025 (2) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 4 |