Climate Rights

Climate RightsClimate rights encompass the ways in which constitutional, human rights, and other laws recognize or provide rights to individuals and communities to address or redress climate change. Climate rights most often are based on human rights recognized by international or regional law, or national or subnational laws that provide constitutional rights to a healthy environment, due process, dignity or life, and are ordinarily pursued against governments.

Climate rights encompass the ways in which constitutional, human rights, and other laws recognize or provide rights to individuals and communities to address or redress climate change. Climate rights most often are based on human rights recognized by international or regional law, or national or subnational laws that provide constitutional rights to a healthy environment, due process, dignity or life, and are ordinarily pursued against governments.

Climate Rights: Cases and Contexts is the first casebook dedicated solely to climate rights. It includes cases (such as Juliana v. U.S.), contexts (such as climate rights and children), and commentary (such as whether the Due Process Clause accommodates a fundamental right to a stable climate). It is also about climate rights firsts, including claims in international, regional, national and subnational jurisdictions. It is also current, including developments in leading cases such as Juliana v. U.S., Genesis v. EPA, Held v. Montana, Daniel Billy v. Australia, Urgenda v. Netherlands, Neubauer v. Germany, HawaiÕi Electric Light, and before international fora, such as the International Court of Justice, the UN Human Rights Committee, and the Committee on the Rights of the Child.

Chapter 1 provides an overview of the causes and effects of climate change. Chapter 2 turns to international climate rights. Chapter 3 provides a birdÕs eye view of the extent to which constitutions across the globe and in the United States reflect climate rights. Chapter 4 shows how common law has been unwelcoming to climate change-based causes of action. Chapter 5 explains the extent to which the right to a healthy environment has been used as a basis to vindicate climate rights. Chapter 6 concludes with a measure of hope offered by other socioeconomic rights Ð such as to dignity and life Ð to advance climate rights.