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The Networks of Human Rights and Climate Change

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The Networks of Human Rights and Climate Change. / Pedersen, Ole Windahl.

I: Environmental Law Review, Bind 22, Nr. 3, 2020, s. 227-234.

Publikation: Bidrag til tidsskrift/Konferencebidrag i tidsskrift /Bidrag til avisTidsskriftartikelForskningpeer review

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Pedersen, Ole Windahl. / The Networks of Human Rights and Climate Change. I: Environmental Law Review. 2020 ; Bind 22, Nr. 3. s. 227-234.

Bibtex

@article{db10ed4f18ed492aa497fb77f6fb2a14,
title = "The Networks of Human Rights and Climate Change",
abstract = "This paper probes the recent Urgenda decision by the Dutch Supreme Court from the perspective of the European Convention on Human Rights and the potential of the Convention to play a role in climate change litigation. The paper argues that much of the utility derived from relying on the ECHR in the context of climate change litigation comes from application of the Convention in the domestic legal setting. In finding against the Dutch government, the Supreme Court was thus able to furnish a series of expansive interpretations of the ECtHR's environmental rights case law. These interpretations are unlikely to carry much weight before the ECtHR itself. On this reading, the Urgenda decision drives home the potentially important relevance of pursuing climate change claims anchored in human rights claims in domestic legal settings and away from international tribunals, even if the impact of doing so remains contingent on local circumstances.",
author = "Pedersen, {Ole Windahl}",
year = "2020",
doi = "10.1177/1461452920953655",
language = "English",
volume = "22",
pages = "227--234",
journal = "Environmental Law Review",
issn = "1461-4529",
publisher = "SAGE Publications Ltd",
number = "3",

}

RIS

TY - JOUR

T1 - The Networks of Human Rights and Climate Change

AU - Pedersen, Ole Windahl

PY - 2020

Y1 - 2020

N2 - This paper probes the recent Urgenda decision by the Dutch Supreme Court from the perspective of the European Convention on Human Rights and the potential of the Convention to play a role in climate change litigation. The paper argues that much of the utility derived from relying on the ECHR in the context of climate change litigation comes from application of the Convention in the domestic legal setting. In finding against the Dutch government, the Supreme Court was thus able to furnish a series of expansive interpretations of the ECtHR's environmental rights case law. These interpretations are unlikely to carry much weight before the ECtHR itself. On this reading, the Urgenda decision drives home the potentially important relevance of pursuing climate change claims anchored in human rights claims in domestic legal settings and away from international tribunals, even if the impact of doing so remains contingent on local circumstances.

AB - This paper probes the recent Urgenda decision by the Dutch Supreme Court from the perspective of the European Convention on Human Rights and the potential of the Convention to play a role in climate change litigation. The paper argues that much of the utility derived from relying on the ECHR in the context of climate change litigation comes from application of the Convention in the domestic legal setting. In finding against the Dutch government, the Supreme Court was thus able to furnish a series of expansive interpretations of the ECtHR's environmental rights case law. These interpretations are unlikely to carry much weight before the ECtHR itself. On this reading, the Urgenda decision drives home the potentially important relevance of pursuing climate change claims anchored in human rights claims in domestic legal settings and away from international tribunals, even if the impact of doing so remains contingent on local circumstances.

UR - https://journals.sagepub.com/doi/full/10.1177/1461452920953655

UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3687656

U2 - 10.1177/1461452920953655

DO - 10.1177/1461452920953655

M3 - Journal article

VL - 22

SP - 227

EP - 234

JO - Environmental Law Review

JF - Environmental Law Review

SN - 1461-4529

IS - 3

ER -