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

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. * Email: Annalisa.savaresi@uef.fi. ** Email: J.Setzer@lse.ac.uk. The authors are grateful to Gwenyth Wren for invaluable research assistance in the preparation of this piece. They are also grateful to Catherine Higham, Josh Gellers, Pau de Vilchez Moragues, Dennis van Berkel, Lisa Vanhala and two anonymous reviewers for comments on earlier drafts. Joana Setzer acknowledges support from the Grantham Research Institute on Climate Change and the Environment, at the London School of Economics, and the ESRC Centre for Climate Change Economics and Policy (CCCEP) (ref. ES/R009708/1). The usual disclaimers apply.