The Human Right to a Clean and Healthy Environment in Climate Change Litigation

18 Pages Posted: 10 Apr 2019

Date Written: April 10, 2019

Abstract

This paper discusses a particular field of climate change law: climate change litigation based on claims stemming from the right to a clean and healthy environment under national and international human rights law. This field is coming under increased scrutiny of both legal scholars and practitioners. While the share of rights-based climate cases within the global body of climate change litigation is still very insignificant, a number of such cases have already been heard by courts all across the globe. The initial assessment of the existing case-law allows for cautious optimism that the use of rights-based claims, notably the right to a clean and healthy environment under national and/or international law, is justified and can yield at least some positive results.

Keywords: climate change, litigation, courts, human rights, right to a clean and healthy environment, international law, constitutional law, public trust doctrine

Suggested Citation

Varvastian, Sam, The Human Right to a Clean and Healthy Environment in Climate Change Litigation (April 10, 2019). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2019-09. Available at SSRN: https://ssrn.com/abstract=3369481 or http://dx.doi.org/10.2139/ssrn.3369481

Sam Varvastian (Contact Author)

Cardiff University ( email )

Cardiff
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
177
rank
166,613
Abstract Views
972
PlumX Metrics