A Right to Environment-Based Approach as a New Route for Climate Litigation

Chalabi, Azadeh ORCID: 0000-0001-9128-3090 (2025) A Right to Environment-Based Approach as a New Route for Climate Litigation NORDIC JOURNAL OF HUMAN RIGHTS, 43 (3). pp. 241-263. ISSN 1891-8131, 1891-814X

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Abstract

The main aim of this article is to advance a Right to Environment-Based Approach (REBA) as a new route for human rights-based climate litigation. In doing so, it first critically revisits the current state of the human rights-based approach to climate litigation and then explores the role of the right to environment in pushing the limits of law to address the specific needs of climate litigation. REBA draws upon (i) key recent judicial developments, mostly from the Global South, at the doctrinal level, and (ii) the NIC-based model of the right to environment at the theoretical level. This flexible framework involves seven elements and is a shift from a ‘one-size-fits-all’ to a more graded form of environmental protection, from an anthropocentric to a more ecologically balanced view, from a passive to a more proactive mode of litigation with a forward-looking orientation to protect future generations, and from a narrow to broad legal standing. More importantly, REBA goes beyond an individualistic approach and embraces collective and global aspects of environmental harm and can be applied as a basis to advance climate litigation regardless of jurisdictional differences.

Item Type:	Article
Uncontrolled Keywords:	Right to Environment-Based Approach, human rights-based approach, climate change litigation, right to environment, human rights law, NIC-based model of the right to environment
Divisions:	Faculty of Humanities & Social Sciences Faculty of Humanities & Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	15 Sep 2025 07:11
Last Modified:	23 May 2026 08:26
DOI:	10.1080/18918131.2025.2561443
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3194370
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