Fuzzy Universality in Climate Change Litigation
Bibliographic Data
| ID | 4610117 |
|---|---|
| Authors | Emma Lees (0000-0001-7738-1399, University of Cambridge, corresponding author), Emilie Gjaldbæk-Sverdrup (People in Need) |
| Year | 2024 |
| Volume | 13 |
| Issue | 3 |
| Pages | 502-521 |
| Publication date | 2024-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102524000141 |
| OpenAlex | W4403264591 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
Climate change litigation is developing rapidly and pervasively, emerging as a space for legal innovation. Until now, this process has occurred mainly in national courts. The result is a decentralization of the interpretation of human rights relating to climate change. This article argues that such decentralization could, in principle, have a destabilizing impact on claims to the universality of human rights. However, close examination of this litigation shows that a prototype is emerging, certain features of which are becoming 'hard wired' through the process of judicial dialogue. By exploring the content of this prototype, its decentralized development, and its self-reinforcing nature, we see a legal space emerging in which environmental human rights sit between the universal and the contextual
Climate change · Fuzzy logic · Physics · Political science · Computer Science · Corporate Law and Human Rights · Environmental law and policy · International Environmental Law and Policies · Artificial Intelligence · Geology · Oceanography
Recipe for Success
Non-Universal Arguments under the European Convention on Human Rights
Human rights v. Insufficient climate action
The Myth of Universality
The Legally Disruptive Nature of Climate Change
A Rights Turn in Climate Change Litigation
For You Will (Still) Be Here Tomorrow
Children and Youth in Strategic Climate Litigation
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |