As climate litigation continues to rise, a pivotal and unresolved legal question emerges in the law of State responsibility: how to allocate responsibility for injuries that result from the cumulative conduct of multiple actors. Climate-related injury derives from the aggregate and diffuse effect of anthropogenic activities, as well as natural […]
Inter-American System of Human Rights
16 posts
The trilogy of climate advisory opinions from the International Tribunal for the Law of the Sea (ITLOS), Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ) marks a watershed moment not only for climate litigation but also for understanding the evolving role of Conferences of […]
As the world faces an escalating triple planetary crisis – climate change, biodiversity loss, and pollution – those who step forward to defend the environment are increasingly stigmatized, criminalized, and subjected to violence. Nowhere is this threat more acute than in Latin America, which accounts for nearly 80% of all […]
Among the various legal instruments aimed at protecting human rights in the face of the climate emergency, few require as much interpretative effort as the right to science. Traditionally situated within the realm of programmatic obligations and often associated with promoting technical progress and disseminating scientific information, this right has occupied a […]
Advisory Opinion 32/25 (AO-32/25) of the Inter-American Court of Human Rights (IACtHR) marks a turning point in the interpretation of international human rights law in relation to climate change. In AO-32/25, the IACtHR recognizes that the world is facing a genuine climate emergency and affirms that this situation demands an […]
Corporations, especially those engaged in fossil fuel production, agriculture, construction, and transportation, play a significant role in the climate crisis and in its human rights impacts. Holding businesses responsible for their human rights and environmental harms has been a perennial challenge that has become increasingly acute in the climate crisis. […]
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued its long-awaited Advisory Opinion No. 32 (AO-32/25) on the “Climate Emergency and Human Rights” (the official English translation can be found here; for an overview of the decision’s key elements, see here). A broad group of States, communities, […]
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) delivered a historic advisory opinion regarding States’ obligations in relation to the climate crisis (AO-32/25). The IACtHR was particularly articulate in qualifying States’ obligations under the right to a healthy environment as having a jus cogens nature (paras. 287ff), […]