Combining SDGs 13 and 16: Addressing Climate Change Through the Rule of Law—Lessons from the European Court of Human Rights and the Constitutional Court of Serbia
摘要
The chapter revisits climate action as the most challenging sustainable development goal by intersecting it with the rule of law, as a specific target of Sustainable Development Goal 16 on justice and strong institutions. By analyzing two recent judgments of the European Court of Human Rights and the Constitutional Court of Serbia, both of which rely on the rule of law in the context of climate change, the author tests the main hypothesis that the rule of law can be both used and abused in the face of climate change as the most challenging problem of our time. The analysis reveals a threefold link between climate action and the rule of law. First, the chapter examines the scope of the rule of law as a tool in efforts to mitigate the causes and consequences of climate change. Second, it examines whether the rule of law is being overstretched in the context of climate change, to the detriment of its authority and credibility. Thirdly, it examines the relationship between climate action and the rule of law from the perspective of whether the rule of law is being used to serve the climate policies of other states, to the detriment of the state’s own international climate commitments and environmental protection.