The Doctrine of Positive Obligations as a Starting Point for Climate Litigation in Strasbourg: The European Court of Human Rights as a Hilfssheriff in Combating Climate Change?
| dc.contributor.author | Braig, Katharina Franziska | |
| dc.contributor.author | Panov, Stoyan | |
| dc.date.accessioned | 2020-07-02T18:12:28Z | |
| dc.date.available | 2020-07-02T18:12:28Z | |
| dc.date.issued | 2020-07-01 | |
| dc.description | 38 pages | en_US |
| dc.description.abstract | Climate change is a severe threat to the realization of several fundamental human rights, such as the right to life, the right to private life, and the right to health. In order to guarantee that the protection of the European Court of Human Rights (ECtHR) remains effective, we might have to acknowledge that climate change also poses a threat to the rights protected under the European Convention on Human Rights (ECHR). Although the ECtHR has not yet explicitly developed case law on climate change-related cases, this Article discusses the applicability and suitability of the ECtHR in protecting the rights of individuals against the implications of climate change. | en_US |
| dc.identifier.citation | 35 J. Envtl. L. & Litig. 261 | en_US |
| dc.identifier.issn | 1049-0280 | |
| dc.identifier.uri | https://hdl.handle.net/1794/25376 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Oregon School of Law | en_US |
| dc.rights | All Rights Reserved. | en_US |
| dc.subject | Environmental protection | en_US |
| dc.subject | International law | en_US |
| dc.subject | Climate change | en_US |
| dc.subject | Human rights | en_US |
| dc.title | The Doctrine of Positive Obligations as a Starting Point for Climate Litigation in Strasbourg: The European Court of Human Rights as a Hilfssheriff in Combating Climate Change? | en_US |
| dc.type | Article | en_US |