IDEAS home Printed from https://ideas.repec.org/a/oup/envlaw/v36y2024i2p141-158..html
   My bibliography  Save this article

The ‘Living Instrument’ at the Service of Climate Action: The ECtHR Long-Standing Doctrine Confronted to the Climate Emergency

Author

Listed:
  • Ivana Jelić
  • Etienne FritzMJur

Abstract

The evolving landscape of climate change litigation within human rights frameworks presents a complex challenge for courts worldwide. Recent landmark decisions by international court and treaty bodies have expanded the jurisdiction of human rights courts to address climate-related disputes. However, the most recent case law of the European Court of Human Rights (ECtHR) emphasises the delicate balance between recognising the urgency of climate action and upholding the integrity of a regional human rights system. This article explores the ECtHR’s use of the living instrument doctrine in response to climate change-related legal claims. It submits that climate change cases highlight the circumscribed role of the European Convention on Human Rights (ECHR or the Convention) in dealing with the climate emergency and reveal the tension between addressing climate change impacts and maintaining the functioning of the European human rights system.

Suggested Citation

  • Ivana Jelić & Etienne FritzMJur, 2024. "The ‘Living Instrument’ at the Service of Climate Action: The ECtHR Long-Standing Doctrine Confronted to the Climate Emergency," Journal of Environmental Law, Oxford University Press, vol. 36(2), pages 141-158.
    • Handle: RePEc:oup:envlaw:v:36:y:2024:i:2:p:141-158.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jel/eqae015
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:envlaw:v:36:y:2024:i:2:p:141-158.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.