Non-governmental and National Human Rights Institutionsâ Interventions before the European Court of Human Rights in Cases Relating to the Environment and the Climate*

Elisabeth Lambert

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Chapter 5 Non-governmental and National Human Rights Institutionsâ Interventions before the European Court of Human Rights in Cases Relating to the Environment and the Climate^*

In: European Yearbook on Human Rights 2024

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Elisabeth Lambert

Elisabeth Lambert
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Type:: Chapter

Pages:: 135â168

DOI:: https://doi.org/10.1163/9789004708389_006

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Abstract

Based on traditional legal research analysing judgments, third-party interventions, NGOsâ grey literature and the study of semi-structured interviews conducted over the last six months, this paper offers a critical analysis of NGOsâ and NHRIsâ interventions in environmental and climate cases brought before the European Court of Human Rights (ECtHR), focussing on the strategies of the actors involved and the impact of their interventions. We show how these interventions are the work of interconnected minority actors, most of whom act as repeat players. Due to the privileged relations these associations and institutions have with the ECtHR, these actions are beneficial to both actors. Nevertheless, these actions remain risky, entailing significant costs for the Non-Governmental Organisations (NGOs) and National Human Rights Institutions (NHRIs) involved, with an overall limited impact on European jurisprudence and not without risks to their independence. We will examine how climate litigation may or may not renew such interventions.

This contribution thus offers a new perspective on these actors, which goes beyond the usual presentation in the academic literature, which tends either to sacralise or, conversely, to downplay these actions, neglecting the question of the control of these interventions by the Court. It is precisely this gap that this paper attempts to document by focussing on environmental and climate cases.

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European Yearbook on Human Rights 2024

Series:Â European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

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Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

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Chapter 5 Non-governmental and National Human Rights Institutionsâ Interventions before the European Court of Human Rights in Cases Relating to the Environment and the Climate*

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European Yearbook on Human Rights 2024

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Chapter 5 Non-governmental and National Human Rights Institutionsâ Interventions before the European Court of Human Rights in Cases Relating to the Environment and the Climate^*