Human Rights

Chapter 7 dissects how human rights laws have been harnessed in climate cases, scrutinising key judgments that have applied human rights frameworks to climate change and the implications of these legal strategies for both claimants and defendants. The authors’ analysis of emerging best practice reveals a growing acceptance of the notion that a State’s failure to take adequate action to address climate change constitutes a breach of human rights obligations, and this recognition is shaping legal strategies in climate litigation at the national and international levels. The authors also highlight how recent jurisprudence further suggests that corporations have important obligations to respect human rights in the face of climate change. Although jurisdictional disparities exist, the growing body of case law demonstrates the adaptability and replicability of rights-based reasoning, thereby contributing to the establishment of a consistent and coherent framework for ‘transnational’ climate law.