Workshop 160

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Climate justice and democratic resilience

Sala H-503 | Room H-503 | Salle H-503

Chairs:

  • Linnea Nordlander – linnea.nordlander@jur.ku.dk
  • Corina Heri – c.heri@tilburguniversity.edu
  • Edward Pérez – edward.perez.23@ucl.ac.uk
  • Stefanía Rainaldi – s.f.rainaldi@qmul.ac.uk
  • Thalia Viveros Uehara – viveros@mpil.de

SPEAKERS

CesarGamboa
DignoMontalván Zambrano
Raffaele RobertoSeverino
TheresaAmor-Jürgenssen

This workshop examines how notions of (inter- and intragenerational) climate justice relate and contribute to democratic resilience in Latin America and Europe. Both the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) recently issued milestone legal guidance on climate change. Despite differences in how the two courts approached issues of equity and democratic participation, these topics played an important role both in the IACtHR’s Advisory Opinion No. 32 on the climate emergency and human rights and the ECtHR’s Verein KlimaSeniorinnen Schweiz and Others v Switzerland judgment. The present workshop invites papers examining the recent climate findings of both courts, whether on their own or comparatively, engaging with how they relate to the resilience of democratic principles, participation and institutions. We especially welcome papers that analyze regional differences and similarities between Latin America and Europe in the development and application of intergenerational climate justice principles. This includes papers that engage with Third World Approaches to International Law (TWAIL) and the Southern Turn in international legal scholarship to critically assess how Global South perspectives, particularly the lived experiences of marginalized communities, shape the conceptualization of intergenerational justice in Latin America – and its relationship with democracy and democratic resilience. We also encourage papers engaging with Indigenous peoples’ rights, environmental human rights defenders, the intersectionality of vulnerabilities, and poverty in framing climate justice narratives.

We particularly invite submissions concerned with the following questions:

What opportunities can a more textured comparative understanding of the systems concerned and the realities of each system’s evolving and systematic interpretation bring to our understanding of democratic resilience?é présumée, et les tendances déférentes et procédurales de la CEDH ?

What risks for democratic resilience arise in the climate crisis, and to what extent have the ECtHR and IACtHR engaged with these risks?

What is the potential for inter- and intragenerational climate justice to address structural inequalities and promote long-term environmental and social stability in these regions?

To what extent can safeguarding the rights of younger and future generations strengthen democratic institutions and principles and foster more inclusive and sustainable governance concerning transformative constitutionalism?

What differences arise between the underlying regional legal cultures surrounding human rights in Europe and Latin America, including the IACtHR’s established track record on Indigenous rights and its presumed progressiveness, and the ECtHR’s deferential, procedural proclivities?