Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation

23 Pages Posted: 22 Mar 2021 Last revised: 21 Jun 2021

See all articles by Annalisa Savaresi

Annalisa Savaresi

University of Eastern Finland, Center for Climate Change, Energy and Environmental Law; University Stirling, School of Law

Joana Setzer

London School of Economics & Political Science (LSE)

Date Written: February 18, 2021

Abstract

This article revisits and significantly expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective to provide a better and more comprehensive appreciation of the role of human rights law and remedies in climate action. It does so first by mapping the near side of the moon, which we describe as litigation that relies in whole or in part on human rights in order to support climate objectives. Then the article considers the far side of the moon, which we describe as litigation that relies in whole or in part on human rights but does not align with climate objectives. The latter litigation has been largely ignored by the literature thus far, and there is insufficient data on it. This paper therefore provides a novel perspective on an increasingly prominent area of legal practice, uncovering new aspects that deserve further investigation.


Keywords: climate change, human rights, climate litigation, environmental rights

Suggested Citation

Savaresi, Annalisa and Savaresi, Annalisa and Setzer, Joana, Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation (February 18, 2021). Available at SSRN: https://ssrn.com/abstract=3787963 or http://dx.doi.org/10.2139/ssrn.3787963

Annalisa Savaresi (Contact Author)

University of Eastern Finland, Center for Climate Change, Energy and Environmental Law ( email )

Joensuu
Finland

HOME PAGE: http://https://uefconnect.uef.fi/en/person/annalisa.savaresi/

University Stirling, School of Law ( email )

B12A Pathfoot Building
Stirling, Scotland FK9 4LA
United Kingdom

HOME PAGE: http://www.stir.ac.uk/people/32901

Joana Setzer

London School of Economics & Political Science (LSE) ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

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