A Rights Turn in Climate Change Litigation?
Jacqueline Peel, Hari M Osofsky
Transnational Environmental Law | Cambridge University Press (CUP) | Published : 2018
AbstractIn 2015, a Pakistani court in the case ofLeghariv.Federation of Pakistanmade 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 in climate change litigation...View full abstract