Climate Law and Litigation: Human Rights in the Contemporary Climate Context

While the rise in climate-related litigations can be explained with a number of reasons, for instance, the advocacy climate generated by the numerous climate change related claims presented to different international human rights agencies and courts, the increasing significance given to international economic courts regarding these issues, and growing number of requests from different international courts and tribunals for advisory opinion regarding climate change activities. The assessment and in-depth analysis of the actions which the Plaintiffs undertook, as well as a survey of the actions which were undertaken by the courts convinces them to believe that the claim is true. The standards that have been identified are in alignment with five normative principles which are sourced from the rule of law. The principles listed above include incorporating the prohibition on human rights, the determination of acceptable criteria for legislation, prohibition against the abusive of authority of the state, equality and nondiscrimination, and the provision of legal remedies.It contends that a human rights-based approach should be adopted as an alternative to achieve environmental protection and relevant climate change action that is needed. In this sense, it evaluates environmental protection through the lens of human rights as a tactic for mitigating and adapting to climate change. The aim is to conduct a thorough investigation into the legal and pragmatic concerns related to the application of human rights principles in addressing environmental and climate change issues, together with the potential benefits and hazards of this approach. The study also restates the state’s obligation to support migration as a necessary component of adaptation in specific circumstances. Its main focus is on adaptation factors in connection to climate change. The study argues that international human rights law should be taken into consideration while interpreting and carrying out the adaptation tasks under the climate change regime, using the tools of treaty interpretation.