Climate litigation has been growing exponentially in recent years. Only during 2023, more than 200 cases have been filed against governments and private companies for their alleged climate (in)action. In the last years, an extensive and growing bulk of academic articles, reports, and policy publications on the analysis of climate litigation cases has been produced. In parallel, publicly accessible databases on the topic have been developed. While there has been a growing interest in analysing the requests and arguments put forward by the claimants, a comprehensive and systematic review of the arguments put forward by States as the defendants has been generally missing in the relevant literature and reporting. This chapter illustrates the preliminary findings of the data collection of the HRJust project, with a special focus on the Swiss Verein KlimaSeniorinnen case, to fill this gap. Our preliminary findings reveal the emergence of a few typologies of justifications that exhibit different attitudes towards identifying the competing interests at stake that could shape States' engagement with climate action and the measures to be adopted to protect human rights.

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Human Rights and Justifications in Climate Litigation: A First Attempt at Conceptualization

  • Federica Cristani,
  • Elisa Fornalé

摘要

Climate litigation has been growing exponentially in recent years. Only during 2023, more than 200 cases have been filed against governments and private companies for their alleged climate (in)action. In the last years, an extensive and growing bulk of academic articles, reports, and policy publications on the analysis of climate litigation cases has been produced. In parallel, publicly accessible databases on the topic have been developed. While there has been a growing interest in analysing the requests and arguments put forward by the claimants, a comprehensive and systematic review of the arguments put forward by States as the defendants has been generally missing in the relevant literature and reporting. This chapter illustrates the preliminary findings of the data collection of the HRJust project, with a special focus on the Swiss Verein KlimaSeniorinnen case, to fill this gap. Our preliminary findings reveal the emergence of a few typologies of justifications that exhibit different attitudes towards identifying the competing interests at stake that could shape States' engagement with climate action and the measures to be adopted to protect human rights.