Protecting Rights in Climate Change Litigation before European Courts

TY - UNPB

T1 - Protecting Rights in Climate Change Litigation before European Courts

AU - Hartmann, Jacques

AU - Willers, Marc

PY - 2021/4/26

Y1 - 2021/4/26

N2 - This article examines the scope for holding States to account for their failure to tackle dangerous climate change by bringing cases before regional European courts. We examine recent developments that demonstrate the difficulties faced by lawyers and activists when pursuing climate change related claims before the Court of Justice of the European Union. We then turn to consider cases filed before the European Court of Human Rights, the hurdles they are likely to face and the comparatively better prospect that this Court will grapple with the merits of a rights-based climate complaint.

AB - This article examines the scope for holding States to account for their failure to tackle dangerous climate change by bringing cases before regional European courts. We examine recent developments that demonstrate the difficulties faced by lawyers and activists when pursuing climate change related claims before the Court of Justice of the European Union. We then turn to consider cases filed before the European Court of Human Rights, the hurdles they are likely to face and the comparatively better prospect that this Court will grapple with the merits of a rights-based climate complaint.

KW - climate change

KW - human rights

UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3832674

M3 - Preprint

BT - Protecting Rights in Climate Change Litigation before European Courts

PB - Social Science Research Network

ER -