Climate Litigation Strategy, some apparent failures and the talent of the European Court of Human Rights: when a declaration of inadmissibility is worth a ruling in favor
New LUMEN publication on DPCE online by LUMEN research unit UNITS
Published on 31 July 2024 | Publications
"Climate Litigation Strategy, some apparent failures and the talent of the European Court of Human Rights: when a declaration of inadmissibility is worth a ruling in favor" is a new LUMEN publication by Pasquale Viola, member of the UNITS research unit, on DPCE On Line (July 18, 2024).
The publication explores the Climate Litigation Strategy, some apparent debacles, and the talented ECtHR: when ‘inadmissible’ equals ‘acceptance’, as detailed in the following abstract.
Abstract: The paper examines two recent rulings by the European Court of Human Rights in the so-called “Carême” and “Duarte” cases. Despite their dismissal by the court, the contribution aims to highlight the strategic importance of these declarations of inadmissibility for climate change litigation strategies. Under a functional perspective and through a broader spectrum, the ECtHR inadmissibility decisions provide a starting point for the development of innovative case-law related to environmental and climate issues. In spite of some “mixed signals”, the analysis of these (alleged) failures –– along with their ‘unspoken acknowledgments’ –– might prove crucial, considering the affirmation of the causal link between potential damage suffered and the effects of climate change adaptation.