欧洲人权法院在气候变化诉讼中的演进解释及其局限=Evolutive interpretation and limitations of the European Court of Human Rights in climate litigation

Human rights-based climate litigation has evolved into a critical mechanism for advancing climate governance, positioning the European Court of Human Rights (ECtHR) as a key actor in this field. This development offers a unique opportunity to examine the role of international human rights courts/mechanisms in global climate governance. In recent climate change litigation, the ECtHR has relied on scientific evidence and the international legal consensus on climate change to interpret the European Convention on Human Rights (ECHR). This has resulted in significant legal innovations regarding victim standing and the obligations and rights under Articles 8 and 6 of the ECHR. Meanwhile, the Court’s innovation was subjected to a series of constraints, such as the plein meaning of the text, established doctrines, and the deference to the national margin of appreciation. Despite the legitimate and cautious application of legal techniques, the Court’s innovative interpretations in climate change litigation have sparked political controversy at the domestic level. These objections reveal the intricate political realities of both international and domestic climate governance and demonstrate the limitations of international judicial organs in addressing the highly politicized issues of climate.