The Limits of Climate Change Litigation in the European Court of Human Rights

Letwin, Jeremy (2025) The Limits of Climate Change Litigation in the European Court of Human Rights. European Convention on Human Rights Law Review. ISSN 2666-3236 (In Press)

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Abstract

In KlimaSeniorinnen, the ECtHR opened the door to climate change litigation under the ECHR. How far will the Court go in imposing obligations on states to mitigate and adapt to the effects of climate change in the many future cases inevitably to come? I identify four limits on the Court’s ambitions in future climate change cases. I argue that these four limits are deeply grounded in the Court’s pre-existing environmental jurisprudence and are congruent with the judgment in KlimaSeniorinnen. They represent red lines that the Court will not cross in future climate change judgments if it wants to maintain coherence with its wider environmental jurisprudence going forward. Respecting these four limits will help the Court to avoid backlash and to protect its perceived legitimacy.