Climate Litigation in Europe: a Discussion about Emerging Trends in the Context of Principle of Non-regression

Abstract

The climate crisis is one of the most serious problems that humankind has ever faced. With the adverse consequences of this phenomenon, new practices have emerged in social, economic, and legal structures. One of these new practices is doubtlessly climate litigation that aim to pressure states to fulfil their positive obligations concerning the mitigation of the human-induced climate crisis. Global warming, advancing at an unprecedented rate, is pushing governments to take immediate measures and shape their legislation accordingly. Within this movement, the principle of non-regression, rooted in human rights, has gained a tangible form in environmental law. This study explores the potential role of the climate crisis and, specifically, the climate litigation cases in Europe in establishing the principle of non-regression as a settled principle in environmental law. It discusses its value as an argument in climate litigation from a practical point of view.