Climate change litigation is on the rise, with human rights arguments being increasingly utilised in such cases. Most high-profile and strategic cases focus on climate change mitigation, i.e., GHG emissions reduction. While reducing emissions remains a priority, addressing widening gaps in adaptation and climate-related DRR is equally important. Previous chapters have shown that, although adaptation and DRR norms are generally less stringent than those for mitigation, the direct application of human rights law to these areas can bridge this gap. Building on this foundation, this chapter argues that human rights-based litigation should increasingly focus on adaptation and DRR alongside mitigation. Following a review of the existing cases, the chapter examines the specific features of this type of litigation and proposes a typology of future cases.

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The Role of Human Rights-Based Litigation in Adapting to Climate Change and Reducing Disaster Risk

  • Riccardo Luporini

摘要

Climate change litigation is on the rise, with human rights arguments being increasingly utilised in such cases. Most high-profile and strategic cases focus on climate change mitigation, i.e., GHG emissions reduction. While reducing emissions remains a priority, addressing widening gaps in adaptation and climate-related DRR is equally important. Previous chapters have shown that, although adaptation and DRR norms are generally less stringent than those for mitigation, the direct application of human rights law to these areas can bridge this gap. Building on this foundation, this chapter argues that human rights-based litigation should increasingly focus on adaptation and DRR alongside mitigation. Following a review of the existing cases, the chapter examines the specific features of this type of litigation and proposes a typology of future cases.