ABSTRACT

This chapter argues that private law remedies remain highly relevant in the Anthropocene era and have real potential in the area of climate change. As a matter of global environmental governance, climate change may be viewed as the quintessential public law problem. Like private law, international human rights law also focuses on the protection of individual rights and interests. Conceptually, then, private remedies are consistent with a human rights approach to climate change. On the pragmatic level, private law approaches offer a promising complementary tool for enhancing the efficacy of global climate governance and redressing individual injuries wrought by climate change. Indeed, climate-related litigation is growing rapidly as citizens aim to compel their governments to respond, and those whose lives and property are impacted by climate change seek redress from the courts. Private law has an important role to play in protecting human rights from the far-reaching ill effects of climate change.