The Climate for Human Rights

24 Pages Posted: 20 Mar 2018

See all articles by Rebecca M. Bratspies

Rebecca M. Bratspies

City University of New York - School of Law

Date Written: March 15, 2018


Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ยบ C. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change.

Keywords: climate change, human rights, global warming, superwicked, carbon emissions, Mossville, United States, regulation, sustainability, norms, environment, environmental protection, energy

JEL Classification: K32, K33, K00, Q38, Q48, Q01, Q28, Q54

Suggested Citation

Bratspies, Rebecca M., The Climate for Human Rights (March 15, 2018). University of Miami Law Review, Vol. 72, 2018. Available at SSRN:

Rebecca M. Bratspies (Contact Author)

City University of New York - School of Law ( email )

2 Court Square
Long Island City, NY 11101
United States

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