Litigation for Climate Justice: The Case of Procedural Rights Under the Aarhus Convention
摘要
Climate change litigation has seen a substantial rise in recent years. This chapter will analyze the increased use of procedural rights as an avenue for climate justice. Specifically, it looks at the three procedural rights of access to information, public participation, and access to justice as outlined in the Aarhus Convention. It will do this by analyzing climate change litigation cases brought forward by civil society, including both individuals and non-governmental organisations (NGOs) which make reference to the Aarhus Convention. This chapter looks at both routine and strategic cases which have leveraged procedural rights on which to base their case and/or their appeal. This chapter finds there is potential in the legal opportunity structure to use procedural rights in climate litigation cases as one pathway to achieving climate justice. In light of the rise in SLAPP suits, civic space must be protected.