Climate issues in decisions of national and international courts

Солнцев Александр Михайлович

Abstract

In this article, the author shows the growing importance of considering climate disputes that have “spilled out” from national courts and are actively beginning to conquer international judicial institutions. In the absence of strict requirements for States to reduce greenhouse gas emissions in international treaty law, it becomes possible to do this through judicial authorities. Not only judicial decisions are considered, but also decisions of international human rights treaty bodies (UN human rights and Child rights committees) on climate disputes. The analysis made it possible to make some preliminary generalizations about the potential impact of the legal positions of the treaty bodies on the subsequent consideration of climate claims in international judicial and quasi-judicial institutions.

Keywords

climate change; human rights treaty bodies; climate disputes; climate refugees.

DOI: 10.31249 /iajpravo/2024.01.10

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