Climate Litigation in Theory
5 important questions on Climate Litigation in Theory
What is the living instruments of human rights? What is the theory?
hr treaties live and evolvewith time. HR treaties are not hr law. States sign treaties. Common shared values:
- consencus
- international trends
What are common shared values?
- int. Trends
Obligations in respect to clinate change
- Postive (states need to do something.) (duty to fullfill) due diligence obligation: because the state
at some point this division doesnt make sense each right we can think about positive and negative obligations
positive obligation to ensure hr horizontally: impose on private parties
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How does the court take diffrent interest in account?
- risk mamangement
- precaution
- proceduralization.
Transnational judical dialogue
- international courts.
The question on the page originate from the summary of the following study material:
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- Never study anything twice again
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