A Rights Turn in Biodiversity Litigation?

Abstract

Based on an original database of 49 rights-based biodiversity (RBB) lawsuits filed around the world, this article hypothesizes that rights-based norms and institutions are becoming increasingly important in legal challenges aimed at biodiversity protection. We explain retrospectively the antecedents and characterize early RBB litigation by constructing a typology of cases and legal arguments that litigants and courts have used to establish the connection between biodiversity and rights protection. We then, prospectively, draw on our RBB case database and the trajectory of human rights and climate change (HRCC) litigation to anticipate likely trends, opportunities, and obstacles for future RBB cases. We posit that future RBB cases will build on the foundations laid by pioneering RBB cases, will apply lessons from HRCC litigation, and will systematically frame biodiversity loss as a rights issue.