William & Mary Environmental Law and Policy Review
Abstract
Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective environmental interests rather than individual entitlements. Secondly, climate change has decisively accelerated the evolution of first and second generation human rights into a third generation right to a sustainable environment. Thirdly, emerging evidence discloses the possibility of conceiving a specific human right to a sustainable climate. This Article explores the trajectory of climate rights and the significance of the possibility of recognizing a specific fundamental right to a sustainable climate, particularly in international law. The analysis shows that all human rights provide concurrent protection against climate change. De lege ferenda, recognizing a specific right to a sustainable climate would introduce a flexible approach facilitating climate action in international human rights bodies, particularly based on the erga omnes nature of protection afforded. De lege lata, the right to life—extensively interpreted as a right to live in a sustainable climate—already covers some of the implications of the prospective right to a sustainable climate, but the latter would arguably afford more extensive protection both subjectively and territorially.
