Title Climate justice necessary for sustainable development of all nations? /
Translation of Title Ar teisingumas klimato srityje būtinas darniam visų tautų vystymuisi?
Authors Negi, Divya
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Pages 65
Keywords [eng] As the world undergoes record-breaking heat waves, coastal submergence, floods, etc., stakeholder obligation to mitigate these anthropogenic impacts are being questioned, shifting focus on the evolution of climate justice and its relation with human rights and sustainable development, emphasising on inter-generational equity through distribution of resources and sharing responsibility for climate change. Harmonising Paris Agreement with national legislation, through litigation is becoming a common practice at the ECtHR and national courts. This thesis investigates how human rights-based climate justice cases are developing. Further examining how state judicial systems apply climate justice, in realising sustainable visions through court decisions and policies, and its importance for all nations.
Abstract [eng] Not just limited to SDG 13 that calls for nations to take urgent action to combat climate change and its impacts, the ideals of climate justice focus on reduction of inequality within and among countries as laid down in SDG 10. The inseparable connection between human rights, climate justice and sustainability are ever so reflected through the SDG 16 that calls for all nations to develop effective institutions that not only are accessible but provide for participation in decision making, this widens the scope for attribution of fault to stakeholders strengthening climate justice through polluter pay principles, due diligence and principle of sustainability. The civil society is pushing the envelope towards climate action and sustainability, upholding principles of intergenerational equity at the heart of it. The recent judgments directly question state obligation towards climate action reflect the evolution of human rights jurisprudence highlighting gaps in procedural and statutory provisions in interpreting climate change laws. The gravity of the situation is highted through the relinquishment of three cases before the ECtHR, for interpretation of rights-based climate action brought forth by vulnerable communities of the young, the old and that of a single individual. Transboundary obligation of Netherlands for carbon emissions as one of the contributors in Urgenda set the tone for greater responsibility of states for climate injustice. The National Green Tribunal of India is the outcome of legal innovation, that reflets the growing need for scientific expertise in climate related cases. Even though issues of admissibility and shortcomings of victim status and directness are some of the evident technical challenges in such cases, yet the evolution of a wider definition of climate justice through court decisions, policies like Green Deal, and alliances for energy transition movements among different nations become essential for upholding the goals of sustainable development of all nations in some form or the other.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language English
Publication date 2024