The present contribution aims at introducing further and more in-depth reflections on the climate change litigation before the European Court of Human Rights, in the light of the three rulings issued by the same Court on 9 April 2024. The article highlights the expectations and risks which surrounded the Court’s intervention in the field of climate change. It further observes that, on the one hand, the Court adopted a globally cautious approach which was capable of taking into account said risks and reasonably balancing the conflicting interests; on the other hand, the Court adopted an innovative and creative approach as regards the issue of the locus standi to lodge applications in the field of climate change, which de facto introduced a sort of actio popularis, notably an action in the general and collective interest. The contribution concludes that, although the climate rulings might be considered a significant development in the fight against climate change, their concrete effects remain to be determined.
Acconciamessa, L. (2024). Il contenzioso climatico davanti alla Corte europea dei diritti umani, tra aspettative, rischi e realtà. DIRITTI UMANI E DIRITTO INTERNAZIONALE, 18(2), 369-382 [10.12829/114372].
Il contenzioso climatico davanti alla Corte europea dei diritti umani, tra aspettative, rischi e realtà
Acconciamessa, Lorenzo
2024-01-01
Abstract
The present contribution aims at introducing further and more in-depth reflections on the climate change litigation before the European Court of Human Rights, in the light of the three rulings issued by the same Court on 9 April 2024. The article highlights the expectations and risks which surrounded the Court’s intervention in the field of climate change. It further observes that, on the one hand, the Court adopted a globally cautious approach which was capable of taking into account said risks and reasonably balancing the conflicting interests; on the other hand, the Court adopted an innovative and creative approach as regards the issue of the locus standi to lodge applications in the field of climate change, which de facto introduced a sort of actio popularis, notably an action in the general and collective interest. The contribution concludes that, although the climate rulings might be considered a significant development in the fight against climate change, their concrete effects remain to be determined.File | Dimensione | Formato | |
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