ABSTRACT

This chapter discusses seminal cases from around the world on environmental rights, including several cases that dealt with climate change. South Asia has been one of the most vibrant regions that have articulated environmental rights. Judiciaries there have developed environmental rights by interpreting existing rights broadly to encompass environmental rights. Paradoxically, the United States (US), considered as one of the most litigious countries in the world, is lagging behind when it comes to advancing environmental rights. Juliana v USA, filed in the US District Court for the District of Oregon, broke new ground in litigation on climate change. The constitutions of many countries in Latin America include environmental rights as well as rights of nature. While many of the environmental rights cases have come before the European Court of Human Rights, individual countries have also dealt with such cases. The Constitution of South Africa is celebrated as one of the most progressive Constitutions in the world.