Climate Change Litigation in the European Court of Human Rights: Causation, Imminence and Other Key Underlying NotionsFERIA-TINTA Monica
Ever since the Urgenda case, followed by the Torres Strait Islanders case in the UN Human Rights Committee, and the 16 children case in the Committee for the Rights of the Child, it was a mere question of time for climate change litigation to reach the European Court of Human Rights. This Article examines some of the key emerging topics in climate change litigation before international human rights organs likely to be relevant for the adjudication of such cases also under the European Convention on Human Rights. Namely, (i) Jurisdictional Issues; (ii) Whether climate change treaties are relevant for interpreting the European Convention on Human Rights; (iii) Causation and whether it is relevant or not under the Rules of State Responsibility underlying the Convention; (iv) The notion of ‘Imminence’; and (v) The notion of Due Diligence – Duty to Protect.
Télécharger l’article : Feria-Tinta_Climate-Change-Litigation-ECtHR | Advanced article 2020(3)