Abstract
Litigants around the world increasingly file cases with human rights bodies seeking redress for alleged climate change-related human rights violations. One of the key issues in climate change cases is the question of jurisdiction. The traditional understanding of jurisdiction, based on territorial control, raises the question as to whether there exists a protection gap regarding those human rights that can be violated due to transboundary environmental emissions. As such, this study addresses this question by conducting a systematic study looking at the jurisprudence of the European Court of Human Rights, identifying and analysing the approaches that can be taken by the Court in relation to the question of jurisdiction in the context of claims involving transboundary environmental harms. Considering the popularity of ‘cross-fertilisation’ among human rights bodies and courts, the findings of this project would be highly relevant to the development of jurisdiction over transboundary environmental harm cases before international human rights bodies.
Presenters
Ayyoub JamaliPhD Fellow, International Law, Palacky University, Jihoceský kraj, Czech Republic
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
Jurisdiction, Climate change litigation, ECtHR
