Protecting biodiversity with the right to a healthy environment: Lessons from climate change litigation

Varvastian, Samvel ORCID: https://orcid.org/0009-0002-4645-721X 2024. Protecting biodiversity with the right to a healthy environment: Lessons from climate change litigation. McCormack, Phillipa and Caddell, Richard, eds. Research Handbook on Climate Change and Biodiversity Law, Edward Elgar Publishing,

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Abstract

Biodiversity loss is increasingly identified as a potential threat to human rights. In the absence of any references to biodiversity in human rights treaties and the near absence from constitutions, biodiversity can be protected by the nearly universally recognised right to a healthy environment. But can this right be used to protect biodiversity in the context of another global environmental problem, climate change? To answer this question, this Chapter analyses three cases in Colombia, Nepal, and Norway, where the claimants invoked a constitutionally recognised right to a healthy environment when they challenged the respective governments on climate change grounds, and where the courts considered the impacts on biodiversity. These three cases offer a valuable insight into the application of the right to a healthy environment when dealing with biodiversity loss and climate change, as courts are already using this right to tackle the intersection between these two planetary crises.

Item Type:	Book Section
Status:	In Press
Schools:	Cardiff Law & Politics
Subjects:	K Law > K Law (General) K Law > KF United States Federal Law K Law > KZ Law of Nations
Publisher:	Edward Elgar Publishing
Date of First Compliant Deposit:	7 June 2024
Last Modified:	01 Jul 2024 09:58
URI:	https://orca.cardiff.ac.uk/id/eprint/169606

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