COP28 in the Light of the Right to a Healthy Environment: Destructive Creation or Creative Destruction?

Climate change poses one of the most significant threats to human survival, demanding an urgent reaction. It seems that, more than ever, we need a global response to this issue. Therefore, it is not surprising that the international community had high expectations from the 28th United Nations Climate Change Conference (COP28), held in Dubai, United Arab Emirates, from November 30 to December 12, 2023, with the participation of representatives from over 160 countries. The paper will contribute to the ongoing discussion on whether this conference was a success or failure by analysing its outcomes with respect to the protection of the right to a healthy environment in accordance with the universal and regional human rights instruments. The scope of the paper is to clarify whether COP28 recognised the basic postulates of the concept of the right to a healthy environment, or, in other words, should we consider the COP28 agreement as a destructive creation or creative destruction?