Climate Law and Litigation : human rights in the contemporary climate context

Afuwape, Kolawole (2025) Climate Law and Litigation : human rights in the contemporary climate context. Journal of Foreign Legislation and Comparative Law, 21 (2). pp. 97-109. ISSN 1991-3222

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Abstract

While the rise in climate-related litigations can be explained with a number of reasons, for instance, the advocacy
climate generated by the numerous climate change related claims presented to different international human rights agencies and
courts, the increasing significance given to international economic courts regarding these issues, and growing number of requests
from different international courts and tribunals for advisory opinion regarding climate change activities.
The assessment and in-depth analysis of the actions which the Plaintiffs undertook, as well as a survey of the actions which
were undertaken by the courts convinces them to believe that the claim is true.
The standards that have been identified are in alignment with five normative principles which are sourced from the rule of law. The
principles listed above include incorporating the prohibition on human rights, the determination of acceptable criteria for legislation,
prohibition against the abusive of authority of the state, equality and nondiscrimination, and the provision of legal remedies.
It contends that a human rights-based approach should be adopted as an alternative to achieve environmental protection and
relevant climate change action that is needed. In this sense, it evaluates environmental protection through the lens of human rights
as a tactic for mitigating and adapting to climate change.
The aim is to conduct a thorough investigation into the legal and pragmatic concerns related to the application of human rights
principles in addressing environmental and climate change issues, together with the potential benefits and hazards of this approach.
The study also restates the state’s obligation to support migration as a necessary component of adaptation in specific
circumstances. Its main focus is on adaptation factors in connection to climate change. The study argues that international human
rights law should be taken into consideration while interpreting and carrying out the adaptation tasks under the climate change
regime, using the tools of treaty interpretation.

Item Type: Article
Keywords: adaptation | climate change | climate law | litigation | human rights
Subjects: Physical, Life and Health Sciences > Public Health, Environmental and Occupational Health
Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Public Policy
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 08 May 2025 06:57
Last Modified: 08 May 2025 06:57
URI: https://pure.jgu.edu.in/id/eprint/9471

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