Climate Change and Litigation: Human Rights as a Tool for Climate Justice

Abstract

This chapter focuses on the strand of climate justice represented by access to legal means, justice and redress in the case environmental human rights have been violated. It provides a description and conceptualization of climate litigation as an instrument to achieve climate justice through redress of human rights violations connected to negative impacts of climate change. This chapter presents a focus on climate litigation related to Indigenous peoples, evidencing potentialities and flaws of case law brought before international human rights courts and commissions in a climate justice perspective.KeywordsClimate litigationIndigenous peoples and litigationAthabaskansInuitEarth Jurisprudence