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

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