{"title":"The Potential of Application of the ECHR in Climate Change Related Cases","authors":"Przemysław Siwior","doi":"10.1163/18719732-12341470","DOIUrl":null,"url":null,"abstract":"\nThe purpose of this article is to analyse the existing case-law of the European Court of Human Rights (ECtHR) in environmental cases in order to determine whether the European Convention on Human Rights (ECHR) ensures protection in cases related to climate change and its adverse impacts. Due to the fact that to date the ECtHR has not yet ruled on the issue of climate change, the article analyses environmental cases addressed by the ECtHR based on article 8 (right to respect for private and family life) and article 2 (right to life) of the ECHR taking into account potential application of their conclusions to climate change.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Community Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18719732-12341470","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
The purpose of this article is to analyse the existing case-law of the European Court of Human Rights (ECtHR) in environmental cases in order to determine whether the European Convention on Human Rights (ECHR) ensures protection in cases related to climate change and its adverse impacts. Due to the fact that to date the ECtHR has not yet ruled on the issue of climate change, the article analyses environmental cases addressed by the ECtHR based on article 8 (right to respect for private and family life) and article 2 (right to life) of the ECHR taking into account potential application of their conclusions to climate change.
期刊介绍:
The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.