Climate Change Litigation before International Human Rights Bodies: Insights from Daniel Billy et al. v. Australia (Torres Strait Islanders Case)

Abstract

The article examines Daniel Billy et al. v. Australia, also known as the Torres Strait Islanders case, decided by the United Nations Human Rights Committee. The case stands out as the first instance in which an international (quasi-) judicial body has found human rights violations in the context of an individual complaint concerning climate change. The article sets out three main considerations arising from the case. First, it delves into the specificities of the case in relation to some of the common constraints to climate complaints before international human rights bodies. Second, it outlines the distinctive aspects of human rights arguments when applied to climate change adaptation, as opposed to mitigation. Third, it underscores the need to further investigate the multidimensional impact of climate change litigation before international human rights bodies.