AN ANALYSIS OF THE HUMAN RIGHTS APPROACH TO CLIMATE CHANGE: THE RIGHT TO A HEALTHY ENVIRONMENT, INTERGENERATIONAL EQUITY AND CLIMATE LITIGATION

Abstract

Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a healthy environment. The conclusion in this thesis is that the right to a healthy environment and intergenerational equity are two vital components of the human rights approach to climate change and are necessary to advance the human rights approach to climate litigation.