Reading mitigation obligations in internationally recognised human rights

Margaretha Wewerinke-Singh and Ruby Rorty

Chapter 2 in Human Rights and Investment Law for Climate Change, 2025, pp 11-27 from Edward Elgar Publishing

Abstract: In the face of the ambition and implementation gaps that characterise international climate change law, human rights litigation has emerged as an important strategy for addressing these gaps. This chapter explores how obligations on States to mitigate climate change have been interpreted within the existing corpus of human rights law, underscoring its potential as a powerful tool in the climate justice arsenal. The chapter scrutinises the diverse methodologies through which human rights law has been mobilised to address climate change to date. Simultaneously, the chapter engages with the challenges inherent in the application of human rights law within the context of climate change, illuminating the complexities at the intersection of these two areas of law. The chapter underscores the increasingly prominent role of human rights law, not as an auxiliary to climate change law, but as an integral part of the overarching legal framework to confront and mitigate the impacts of climate change.

Keywords: Human rights law; Human rights litigation; Climate change law; Climate change mitigation; State obligations; International law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035310081
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