Navigating the intersection of business, human rights and climate change at the European Court of Human Rights
Lindholm, Lauha (2024)
Lindholm, Lauha
2024
Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe2024042220794
https://urn.fi/URN:NBN:fi-fe2024042220794
Tiivistelmä
Fossil fuels stand as the primary contributors to the pressing global issue of climate change and global warming. Accounting for over 75% of global greenhouse gas emissions, these fuels perpetuate a cascade of adverse effects from economic losses to disrupted livelihoods due to extreme weather events such as flooding and wildfires. Increases in conflicts and climate-based migration are estimated to impact us all. At the same time private businesses and state-owned enterprises still heavily rely on fossil fuels despite the growing calls for climate change mitigation. While businesses make a profit, vulnerable groups, including women, children, and future generations, bear the brunt of these impacts.
This thesis explores the possibilities and constraints at the European Court of Human Rights facing cases concerning climate change mitigation efforts involving businesses and especially state-owned enterprises. Through legal dogmatic research on relevant case law, international legal frameworks, and emerging trends in climate litigation, this thesis aims to shed light on the potential of business and human rights based approach to climate cases before the court. The thesis comes to identify the relevance of human rights law and more specifically the role of the European Court of Human Rights in the battle for climate justice as it addresses the central legal constraints facing applications concerning climate change and state-owned enterprises. Ultimately it provides a detailed overview of the legalities from the intersection of business, human rights and climate change at the European Court of Human Rights.
With the emergence of business and human rights policies along with human rights based climate litigation, potential avenues for addressing these concerns may be identified, particularly before international human rights courts like the European Court of Human Rights. Despite the potential avenues, it is evident that many challenges stand in the way including the lack of explicit provisions for environmental rights in the European Convention on Human Rights and the limitations of soft law instruments in regulating corporate behavior. Navigating the legal complexities concerning the state’s human rights responsibility over climate change contributing operations of state-owned enterprises, issues such as jurisdiction, admissibility and attribution of state responsibility must be carefully addressed. However, with the ongoing cases such as Duarte Agostinho v. Portugal and others a pivotal moment shaping the evolution of climate litigation at the ECtHR is at hand.
This thesis explores the possibilities and constraints at the European Court of Human Rights facing cases concerning climate change mitigation efforts involving businesses and especially state-owned enterprises. Through legal dogmatic research on relevant case law, international legal frameworks, and emerging trends in climate litigation, this thesis aims to shed light on the potential of business and human rights based approach to climate cases before the court. The thesis comes to identify the relevance of human rights law and more specifically the role of the European Court of Human Rights in the battle for climate justice as it addresses the central legal constraints facing applications concerning climate change and state-owned enterprises. Ultimately it provides a detailed overview of the legalities from the intersection of business, human rights and climate change at the European Court of Human Rights.
With the emergence of business and human rights policies along with human rights based climate litigation, potential avenues for addressing these concerns may be identified, particularly before international human rights courts like the European Court of Human Rights. Despite the potential avenues, it is evident that many challenges stand in the way including the lack of explicit provisions for environmental rights in the European Convention on Human Rights and the limitations of soft law instruments in regulating corporate behavior. Navigating the legal complexities concerning the state’s human rights responsibility over climate change contributing operations of state-owned enterprises, issues such as jurisdiction, admissibility and attribution of state responsibility must be carefully addressed. However, with the ongoing cases such as Duarte Agostinho v. Portugal and others a pivotal moment shaping the evolution of climate litigation at the ECtHR is at hand.