Abstract
Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less as a neutral enforcement tool than as a site where inclusion, responsibility, and legitimacy are fought over. Through foregrounding procedure as constitutive rather than ancillary, the article reframes climate litigation as a critical arena in which the meaning of climate justice is tested and redefined.
Recommended Citation
Boutier, Indira Dr.
(2025)
"The Procedural Architecture of Climate Justice: Comparative Lessons from Regional Human Rights Courts,"
National Law School Journal: Vol. 19:
Iss.
1, Article 4.
DOI: https://doi.org/10.55496/VBPJ8248
Available at:
https://repository.nls.ac.in/nlsj/vol19/iss1/4
Digital Object Identifier (DOI)
https://doi.org/10.55496/VBPJ8248