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Human Rights and Climate Change Litigation: One Step Forward, Two Steps Backwards in the Irish Supreme Court.

Authors :
Adelmant, Victoria
Alston, Philip
Blainey, Matthew
Source :
Journal of Human Rights Practice; Feb2021, Vol. 13 Issue 1, p1-23, 23p
Publication Year :
2021

Abstract

Climate change litigation is a rapidly growing field in many countries and human rights obligations are increasingly an integral part of the equation. The Irish Supreme Court's 2020 judgment invalidating Ireland's National Mitigation Plan for transitioning to a low carbon, climate resilient and environmentally sustainable economy by 2050 has been widely praised by commentators. But the case warrants far more critical scrutiny. The Court's findings on standing to sue, the relevance of human rights provisions in this context, and the existence of a derived right to a healthy environment, are all retrogressive and augur badly for the future of rights-based climate change litigation in Ireland. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17579619
Volume :
13
Issue :
1
Database :
Complementary Index
Journal :
Journal of Human Rights Practice
Publication Type :
Academic Journal
Accession number :
151688327
Full Text :
https://doi.org/10.1093/jhuman/huab009