ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

Climate governance between social movements and climate change litigations

Governance
Human Rights
Courts
Jurisprudence
Climate Change
Mobilisation
Activism
Michela Trinchese
University of Salento
Michela Trinchese
University of Salento

To access full paper downloads, participants are encouraged to install the official Event App, available on the App Store.


Abstract

One step away from IPCC Sixth Assessment Report shows the seriousness of climate crisis is more evident than ever before. Across the global strikes promoted by Fridays for Future, Extinction Rebellion and other social movements, the fight against climate alterations has found new advocacy, generating greater public awareness and attention on the theme. Specifically, the intense work of social movements aimed to hold the governments to account for its inadequate climate change mitigation efforts. At the same time, around the world climate change litigations has been growing in number and importance as way of demand to the States effective actions on climate change. These lawsuits played an important supporting role in ensuring the national implementation of the emission-reduction and the alignment of national laws with the Paris Agreement and the other international obligations. In Europe, the case Urgenda v. State of the Netherlands opened the doors to new hermeneutics horizons, focus on human rights related as a dominant climate litigation strategy. What drives social climate movements to turn to the courts to achieve their political goals? In which ways the appeals to the Courts sit alongside more traditional form of political contestations and proposal? And at last, to what extent do the effect the European climate governance? The linkage between climate change and the rights protection are likely to become ever more salient, attracting further litigation on this basis and defining the standard of conduct of States. The claims purposed by the school global strikes and other social movements, represents legal formants, in the sense defining by Rodolfo Sacco, for rights arguments in the climate change context. Through the approach of legal realism, it is possible to recognise a trend that sees the hermeneutic work of judges as a space for experimentation in struggles for climate justice.