Attilio Pisanò

Genesis of a new right. Arguments and reasons supporting the right to climate

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Abstract

In the last few years, moving from the Dutch Urgenda Case, the climate litigation has been spreading all over Europe. Within the framework of International and European Climate Law, assuming the climate crisis as a scientific fact, using the Ipcc reports to measure the due diligence of the States, the European climate litigation can be considered as a whole. The climate activists use similar strategies, arguments and reasons to claim the protection of a new specific right grounded on the Euro- pean Convention on Human Rights: the right to safe climate, not determined by anthropogenic activiti In this scenario, the paper analyzes the arguments and the reasons supporting the climate activists in the path toward the protection of this new specific human right

Keywords

  • Climate Crisis
  • Right to Climate Stability
  • Rights as Claims
  • Urgenda
  • Echr

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