Beyond Urgenda : The role of the ECHR and judgments of the ECtHR in Dutch environmental and climate litigation

Abstract

Human rights have been championed as the new frontier in environmental and climate change litigation, especially since the Dutch Urgenda case. However, little is known about whether this alleged turn to rights is really happening beyond a few high- profile judgments. This article examines how and when courts have relied on the European Convention on Human Rights (ECHR) and case law of the European Court of Human Rights (ECtHR) in environmental cases in the Netherlands since 2016. In doing so, it will show the broad potential and wide range of environmental cases in which rights are used. Rights talk is at the same time frequently overlooked or avoided by the parties and the courts, partly because the added value is limited in the light of specific national (EU- inspired) statutory provisions. To date, the actual impact of the EC(t)HR has been rather minimal beyond Urgenda , partly because of the limitations in the ECHR. This articles sketches avenues for further (empirical) research.