Of Comparative Constitutionalism and Definitional Inclusivity: Rights-based Climate Litigation in India and the European Union

Carbon & Climate Law Review, Forthcoming

24 Pages Posted: 26 Mar 2024

Multiple version iconThere are 2 versions of this paper

Date Written: February 24, 2024

Abstract

In recognition of the extensive impacts of climate change on all aspects of human life, human rights law and constitutional law remedies have emerged as compelling elements of effective climate litigation strategy. In contrast to Global North jurisdictions, such as the European Union countries, where rights-based arguments in climate litigation have been prominently linked to the goal of emission reduction, litigation strategies in Global South jurisdictions such as India are more broad-based, focussing inter alia on the violation of constitutionally guaranteed fundamental rights arising from environmental degradation. This article makes a case for a broader definition of climate litigation, particularly to include environmental constitutional jurisprudence from Global South jurisdictions such as India within its fold, and provides insights on the value of undertaking inclusive and comparative research in the field.

Keywords: Climate Litigation, Constitutional Law, Human Rights Law, Global South, India, European Union

JEL Classification: K1, K3, K32

Suggested Citation

Kumar, Parul, Of Comparative Constitutionalism and Definitional Inclusivity: Rights-based Climate Litigation in India and the European Union (February 24, 2024). Carbon & Climate Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4737669 or http://dx.doi.org/10.2139/ssrn.4737669

Parul Kumar (Contact Author)

KU Leuven ( email )

Oude Markt 13
Leuven, Vlaams-Brabant 3000
Belgium

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