A Rights Turn in Climate Change Litigation?
J Peel, HM Osofsky
Transnational Environmental Law | Cambridge University Press (CUP) | Published : 2018
© Cambridge University Press 2017 In 2015, a Pakistani court in the case of Leghari v. Federation of Pakistan made history by accepting arguments that governmental failures to address climate change adequately violated petitioners’ rights. This case forms part of an emerging body of pending or decided climate change-related lawsuits that incorporate rights-based arguments in several countries, including the Netherlands, the Philippines, Austria, South Africa, and the United States (US). These decisions align with efforts to recognize the human rights dimensions of climate change, which received important endorsement in the Paris Agreement. The decisions also represent a significant milestone..View full abstract