The European Court of Human Rights and Climate Change: Expanding beyond Traditional Limits

Abstract The European Court of Human Rights (ECtHR) recently issued its first rulings on climate change, affirming that the European Convention on Human Rights ( ECHR ) requires states to take action. These landmark rulings will profoundly impact both the ECHR and international law. They strike a balance between states’ discretion in regulating climate policy and the human rights protection needed for future generations. However, the ECtHR left several key questions unanswered. More fundamentally, the rulings raise the question of whether a human rights court is the best forum for climate change litigation.