Climate litigation has the impact of promoting the right to the environment

Abstract

The environment is the surroundings in which humans live, influencing and being influenced by it. The risks threatening the environment today, such as greenhouse gas emissions, desertification, climate change, floods, rising temperatures, and other environmental phenomena, directly impact the protection of individuals and their general enjoyment of their environmental rights. Despite the continuous, increasing, and evolving activities of polluters, both wholly and partially, the international community has been working to combat these impacts by establishing legal frameworks to address environmental risks, whether natural or man-made. Therefore, we find that the international community today has many international agreements that have attempted to reduce the activity of these polluters. However, the problem continues to worsen and develop negatively, and its effects have become evident on countries. International courts have played a new role in resolving many climate-related lawsuits filed by those affected by climate change to obtain their rights in accordance with general international law and international environmental law. This research employs a descriptive approach, examining the legal framework for environmental protection, the most prominent international agreements on this subject, and the mechanisms for implementing their provisions. It also explores the judiciary's stance on adjudicating environmental and climate change-related lawsuits. The research utilizes an analytical approach, analyzing relevant legal texts and judicial decisions pertaining to environmental changes. The research is divided into two main sections: Section One: The Legal Framework for Protecting the Right to a Healthy Environment; Section Two: The Role of International and National Courts in Promoting the Right to a Healthy Environment.