Abstract

The Grand Chamber of the European Court of Human Rights will decide on three pending climate cases in the coming months. This article examines the various procedural and substantive hurdles to the success of these cases, the outcome of which will depend on how the Court defines the principle of subsidiarity and interprets its role in the international context. Establishing a climate obligation for States arising from the ECHR articles, particularly Articles 2, 3, and 8 of the ECHR, could profoundly influence other pending climate cases before national judicial authorities, notably in Italy at the Tribunal of Rome