{"title":"Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021","authors":"","doi":"10.4337/jhre.2022.00.01","DOIUrl":"https://doi.org/10.4337/jhre.2022.00.01","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42630931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Geoffrey Garver, Ecological Law and the Planetary Crisis: A Legal Guide for Harmony on Earth (Routledge, Abingdon 2021) 266 pp.","authors":"Erin Dobbelsteyn","doi":"10.4337/jhre.2022.02.06","DOIUrl":"https://doi.org/10.4337/jhre.2022.02.06","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46901012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial: Climate change litigation and human rights: stocktaking and a look at the future","authors":"A. Savaresi, Mariagrazia Alabrese, Joanne Scott","doi":"10.4337/jhre.2022.0001","DOIUrl":"https://doi.org/10.4337/jhre.2022.0001","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43138248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers","authors":"A. Savaresi, J. Setzer","doi":"10.4337/jhre.2022.0002","DOIUrl":"https://doi.org/10.4337/jhre.2022.0002","url":null,"abstract":"This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context of the climate emergency. We rely on well-established categories used in the literature on climate litigation and on human rights and the environment to provide the first systematic analysis of rights-based litigation that aligns with climate objectives. Building on this basis, we consider the significant data and knowledge gaps concerning human rights litigation that does not align with climate objectives. We flag the need to better understand the role of rights-based litigation in the context of the complex societal changes associated with a just transition towards net zero emissions. The article contributes to scholarly inquiry into this new and increasingly prominent area at the intersection of human rights and environmental law, highlighting knowledge gaps that deserve further investigation, both from an academic and from a policy and practice perspective.\u0000\u0000* Email: Annalisa.savaresi@uef.fi.\u0000\u0000** Email: J.Setzer@lse.ac.uk. The authors are grateful to Gwenyth Wren for invaluable research assistance in the preparation of this piece. They are also grateful to Catherine Higham, Josh Gellers, Pau de Vilchez Moragues, Dennis van Berkel, Lisa Vanhala and two anonymous reviewers for comments on earlier drafts. Joana Setzer acknowledges support from the Grantham Research Institute on Climate Change and the Environment, at the London School of Economics, and the ESRC Centre for Climate Change Economics and Policy (CCCEP) (ref. ES/R009708/1). The usual disclaimers apply.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44404722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Standards for adjudicating the next generation of Urgenda-style climate cases","authors":"L. Maxwell, S. Mead, Dennis van Berkel***","doi":"10.4337/jhre.2022.0003","DOIUrl":"https://doi.org/10.4337/jhre.2022.0003","url":null,"abstract":"Over the past decade, legal norms governing States’ obligations to mitigate climate change, and courts’ review of such efforts, have matured greatly in many jurisdictions around the world. In this article, we examine judicial decisions and consider future developments in Urgenda-style, or ‘systemic mitigation cases’ as we define them, at the national level. Systemic mitigation cases seek to compel a State or one of its organs to increase its overall mitigation efforts. These cases, which are growing in number, can lead to a significant increase in a country’s overall mitigation ambition. Yet a perceived lack of standards by which to assess mitigation efforts has given rise to judicial concerns regarding the separation of powers in adjudicating such cases. In response to these concerns, we present a framework based on international climate change law and best available climate science to assist litigants and courts in human-rights- and tort-based cases. We draw on principles developed by the Dutch courts in Urgenda v the Netherlands and on recent judgments of other national courts, and identify a range of concrete standards by which courts may assess whether a State has met the minimum legal requirements of its duty of care in the ‘next generation’ of systemic mitigation cases.\u0000\u0000* lucy.maxwell@urgenda.nl\u0000\u0000** sarah.mead@urgenda.nl\u0000\u0000*** dennis.van.berkel@urgenda.nl","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44445327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Full access\u0000Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system","authors":"","doi":"10.4337/jhre.2022.00.03","DOIUrl":"https://doi.org/10.4337/jhre.2022.00.03","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70724155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}