Climate change

Sociology

Public international law

Greenhouse gas

Biology

Algorithm

Human rights

Political science

Chemistry

Ecology

Law and economics

Jurisdiction

Treaty

Obligation

Customary international law

Computer science

Climate change mitigation

International law

Argument (complex analysis)

State (computer science)

Biochemistry

American Journal of International Law

Judges and scholars have interpreted human rights treaties as obligating states to mitigate climate change by limiting their greenhouse gas emissions, an argument instrumental to the development of climate litigation. This Article questions the validity of this interpretation. A state's treaty obligation to protect human rights implies an obligation to cooperate on the mitigation of climate change, the Article argues, only if and inasmuch as climate change mitigation effectively protects the enjoyment of treaty rights by individuals within the state's territory or under its jurisdiction. As such, human rights treaties open only a narrow window on the applicability of general mitigation obligations arising under climate treaties and customary international law.

Climate Change Mitigation as an Obligation under Human Rights Treaties?