Klimaträtten i relation till mänskliga rättigheter - Ett arbete om staters politiska klimatåtaganden och generationernas rätt till en framtid

Sammanfattning: The climate change and it´s consequences have since the 1970s received attention in a legal and political context at a national, regional and international level. The issue of climate change law has evolved from being treated as an environmental law issue to a threat that transcends territorial boundaries, to lastly being brought to attention as a human rights issue. The key issue, in a field of area that is mainly unregulated, is whether some actions result in a human rights violations or whether human rights law exist for the protection of the climate. The purpose of this thesis is to examine how international climate change law and human rights law relate to each other. States adopt international climate agreements under the impression that they are legally binding; however the fundamental idea with the agreements is voluntariness. And where there are binding conventions under human rights law, the climate change is not included. The thesis will observe four lawsuits initiated against the Netherlands, Norway, Sweden and the EU. The plaintiffs present similar arguments concerning international climate agreements and human rights under the ECHR. The key points in the lawsuits differ from each other; however, the attention is shifted between international law, national law and regional law. The dissertation commences with an introduction of two fundamental agreements on climate change, the UNFCCC and the Paris Agreement, and its relevant provisions. Afterwards the Art 2 and Art 8 of the ECHR, which have been closely linked in term of a right to a sustainable climate, will be remarked. Thereafter the dissertation concludes with a presentation of the cases. In summary, it can be stated, that a comprehensive set of regulations on the issue of climate change law as human rights issue, does not currently exist. There is a difficulty to identify rights holders (individuals) when a right to a healthy climate does not exist and where it is difficult to trace the damage in question to a particular entity, when it is a global problem.