The Rising Tide of Rights

Addressing Climate Loss and Damage through Rights-Based Litigation

Bibliographic Data

ID4610160
AuthorsMargaretha Wewerinke-Singh (0000-0002-7782-1857, University of Fiji, corresponding author)
Year2023
Volume12
Issue3
Pages537-566
Publication date2023-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102523000183
OpenAlexW4389456173
LanguageEN
Citations received4
References cited4

This article offers a comprehensive analysis of rights-based climate litigation aimed at addressing climate change-induced loss and damage, underlining its potential as a transformative force amid the minimal progress towards a coordinated global response on this topic. It builds on literature highlighting the potential of rights-based climate litigation to fill the gap in accountability for climate change and its consequences, noting that research to date has not systematically analyzed the remedies that plaintiffs have sought or secured. By focusing on remedy claims, this study illuminates the capacity and the limitations of such litigation to unlock redress for loss and damage while highlighting its reciprocal relationship with international negotiations. This synergy implies a promising trajectory towards a more equitable climate governance framework, despite the complexities and challenges inherent in this rapidly evolving field

Accountability · Business · Climate change · Climate governance · Corporate governance · Economics · Law and economics · Loss and damage · Negotiation · Plaintiff · Political science · Politics · Redress · Sociology · Transformative learning · Climate Change and Geoengineering · Corporate Law and Human Rights · Engineering · Environmental law and policy · Law · Ecology

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Open DOIOpen Access