Journal of Environmental Law & Litigation : Vol. 22, No. 2, p. 267-300 : International Legal Avenues to Address the Plight of Victims of Climate Change: Problems and Prospects
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This Article argues that the current structure of international law makes it unlikely that victims of climate change will find justice through international legal proceedings. Part I examines the various international legal proceedings that could provide recourse for victims of climate change. Part II focuses on the only case that has proceeded to the submission stage, the above-mentioned Inuit petition to the IACHR. Importantly, the Inuit’s human rights petition is currently the best possibility for success in international litigation since evidence already exists that climate change has caused clearly identifiable damage to the Arctic environment.22 The Article concludes by analyzing the likelihood of successfully combating climate change by utilizing the legal mechanisms discussed in Parts I and II.