Climate Change, Human Rights, and Extraterritorial Obligations

The recent wave of human rights-based climate litigation has raised the question of whether states can be held responsible for the impact of their greenhouse gas emissions on human rights outside their territory. Given the lack of legal consensus, this paper examines this question in light of philosophical theories of human rights. I argue that if the “humanist” conception of human rights holds, then states must bear extraterritorial obligations in the context of climate change. Most opponents of these obligations rely on alternative “practical” conceptions. However, I defend that even if we follow the practice of human rights, as these conceptions insist, its internal norms require the allocation of extraterritorial climate obligations. Thus, I aim not only to give normative support to climate advocates, but also, to contribute to the development of a practice-based approach to the philosophy of human rights which goes beyond the borders of the state.

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Publication Details

Journal
Philosophy & Social Criticism
Published
2026-06-18
DOI
https://doi.org/10.1177/01914537261458711
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

Climate Change, Human Rights, and Extraterritorial Obligations

Gabriel Sánchez Ainsa
Philosophy & Social Criticism
Environmental law and policy
article

Climate Change, Human Rights, and Extraterritorial Obligations

Gabriel Sánchez Ainsa
article en

Abstract

The recent wave of human rights-based climate litigation has raised the question of whether states can be held responsible for the impact of their greenhouse gas emissions on human rights outside their territory. Given the lack of legal consensus, this paper examines this question in light of philosophical theories of human rights. I argue that if the “humanist” conception of human rights holds, then states must bear extraterritorial obligations in the context of climate change. Most opponents of these obligations rely on alternative “practical” conceptions. However, I defend that even if we follow the practice of human rights, as these conceptions insist, its internal norms require the allocation of extraterritorial climate obligations. Thus, I aim not only to give normative support to climate advocates, but also, to contribute to the development of a practice-based approach to the philosophy of human rights which goes beyond the borders of the state.

Philosophy & Social Criticism
Climate action
Openalex Percentile: Top 1%
Environmental law and policy
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