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Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers

Savaresi, Annalisa and Setzer, Joana ORCID: 0000-0002-7705-7684 (2022) Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers. Journal of Human Rights and the Environment, 13 (1). 7 - 34. ISSN 1759-7188

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Identification Number: 10.4337/jhre.2022.01.01

Abstract

This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context of the climate emergency. We rely on well-established categories used in the literature on climate litigation and on human rights and the environment to provide the first systematic analysis of rights-based litigation that aligns with climate objectives. Building on this basis, we consider the significant data and knowledge gaps concerning human rights litigation that does not align with climate objectives. We flag the need to better understand the role of rights-based litigation in the context of the complex societal changes associated with a just transition towards net zero emissions. The article contributes to scholarly inquiry into this new and increasingly prominent area at the intersection of human rights and environmental law, highlighting knowledge gaps that deserve further investigation, both from an academic and from a policy and practice perspective.

Item Type: Article
Official URL: https://www.elgaronline.com/view/journals/jhre/jhr...
Additional Information: © 2022 The Authors
Divisions: Grantham Research Institute
Subjects: G Geography. Anthropology. Recreation > GE Environmental Sciences
K Law > K Law (General)
Date Deposited: 26 Jul 2021 14:42
Last Modified: 09 Jun 2022 10:15
URI: http://eprints.lse.ac.uk/id/eprint/111437

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