The Shell-case and the human rights argument in climate litigation: building the narrative?

Abstract

In light of the UN General Assembly’s recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level. The book delves into the question of how to operationalize a global recognition of the right to a healthy environment in and beyond the Anthropocene, an era characterized by significant heatwaves, droughts, pollution and biodiversity loss. Focusing on the interplay between EU environmental law, the European Convention on Human Rights, and the right to a healthy environment, it presents practical case studies to take stock of contemporary lessons and experiences regarding the application of this right in a European context. Chapters explore both the theoretical foundations and novel paradigms of environmental law, including rights of nature, animal welfare, climate change litigation, and civil disobedience, offering a unique insight into the future directions of the right to a healthy environment in the 21st century.

Scholars and practitioners of environmental law will find this book to be an invaluable resource. Its astute analysis of recent court cases and litigation strategies will appeal to human rights advocates, NGOs, and political organizations invested in enhancing sustainable environmental governance from a human rights perspective.