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From the Inuit Petition to the Teitiota Case: Human Rights and Success in Climate Litigation

Published online by Cambridge University Press:  01 March 2021

Daniel Magraw
Daniel Magraw*
Affiliation:
Former Director of the International Environmental Law Office at the U.S. EPA and President Emeritus of the Center for International Environmental Law
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Extract

Daniel Magraw emphasized the human rights turn in climate litigation. There is a well-established relationship between human rights and the environment, and it is now generally acknowledged that a healthy environment is necessary for the enjoyment of a vast array of human rights. Importantly, environmental harm—including climate change—interferes with human rights.

Type
Climate Change Litigation and the Future of the International Climate Change Regime
Information
Proceedings of the ASIL Annual Meeting , Volume 114 , 2020 , pp. 86
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of The American Society of International Law.

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References

1 Jacqueline Peel & Hari M Osofsky, A Rights Turn in Climate Change Litigation?, 7 Transnat’l Envtl. L. 37 (2018); Annalisa Savaresi & Juan Auz, Climate Change Litigation and Human Rights: Pushing the Boundaries, 9 Climate L. 244 (2019).

2 Ioane Teitiota v. New Zealand, Human Rights Committee, UN International Covenant on Civil and Political Rights, CCPR/C/127/D/2728/2016 (Jan. 7, 2020).

3 Juliana v. United States of America, D.C. No. 6:15-cv-01517-AA (9th Cir. 2020).