The Right to a Healthy Environment and Climate Litigation: A Mutually Supportive Relation?

19 Pages Posted: 28 Apr 2021 Last revised: 11 Apr 2022

See all articles by Pau de Vilchez Moragues

Pau de Vilchez Moragues

University of the Balearic Islands (UIB)

Annalisa Savaresi

University of Eastern Finland - Centre for Climate, Energy and Environmental Law; University of Stirling - School of Law

Date Written: April 18, 2021

Abstract

The right to a healthy environment is recognised in the law of many states and by some regional treaties. Litigants all over the world have increasingly relied on this right to demand the protection of a host of environmental interests. In recent years, initiatives by the United Nations and by the Council of Europe have reignited the debate concerning the explicit recognition of the right to a healthy environment. This article contributes to this debate, by examining the evidence emerging from the use of the right to a healthy environment in climate litigation. The objective is that to establish the extent to which this right has furthered the prospects of applicants and the comparative advantages of relying on this right in litigation.

Keywords: climate change; human rights; litigation; right to a healthy environment

Suggested Citation

de Vilchez Moragues, Pau and Savaresi, Annalisa, The Right to a Healthy Environment and Climate Litigation: A Mutually Supportive Relation? (April 18, 2021). Available at SSRN: https://ssrn.com/abstract=3829114 or http://dx.doi.org/10.2139/ssrn.3829114

Pau De Vilchez Moragues

University of the Balearic Islands (UIB) ( email )

Crtra. Valldemossa, km 7.5
Ed. Ramon Llull
Palma de Mallorca, Illles Balears 07122
Spain
0034971171351 (Phone)

HOME PAGE: http://www.uib.cat

Annalisa Savaresi (Contact Author)

University of Eastern Finland - Centre for Climate, Energy and Environmental Law ( email )

Joensuu
Finland

University of Stirling - School of Law ( email )

Stirling, Scotland FK9 4LA
United Kingdom

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

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