The Nordic Journal of Human Rights has published an article evaluating the potential role of the European Court of Human Rights in making a judgement on cases related to climate change.
The Court is currently facing its first four climate applications, and addressing them is more than a routine process of applying existing case law. These cases speak to fundamental questions regarding the Court’s engagement with systemic problems, politically and technically challenging issues, and its own subsidiarity to state decision-making.
Looking at recent environmental case law, this article identifies and discusses various possible futures for the Court’s approach to climate cases, including from admissibility, substantive, and remedial perspectives.
