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Beyond the courtroom: the evolution of rights-based climate litigation from urgenda to held and its policy impact

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Buszman Z.

Studia Iuridica

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2024

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tom 102

56-76

EN

This paper examines the growing trend of employing international and human rights law in domestic climate change lawsuits as a strategic tool for legal action. Using a qualitative and comparative analysis of seminal case law, such as Urgenda Foundation v the Netherlands and R (Friends of the Earth and others) v Heathrow Airport Ltd and Held v State, this paper aims to explain the juridical trajectories and methodologies employed in rights-based climate litigation. The primary objective is to critically evaluate the potential regulatory impact of this emergent jurisprudential paradigm on both domestic legislation and international climate change treaties. The study posits that when traditional enforcement mechanisms enshrined in international environmental law treaties prove ineffective, domestic litigation grounded in human rights claims serve as a catalyst for transformative jurisprudence. This, in turn, can exert substantial pressure on state and non-state actors, compelling them to adopt more strict regulatory measures to mitigate the effects of climate change. The aim of this paper is twofold: first, to elucidate the effectiveness and development of rights-based jurisprudence in climate litigation, and second, to assess its potential for influencing the creation of stronger regulatory mechanisms at both state and international levels. The paper argues that when international treaties fail to take adequate climate change action, domestic lawsuits based on human rights claims start to serve as a lever of change, pressuring both state and non-state actors into adopting more ambitious measures. The study underscores the importance of this rights-based approach not merely as a legal strategy but as a multifaceted tool for effectuating systemic regulatory advancements and fostering climate justice.

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Sustainability of space traffic management – addressing the issue of orbital debris in the context of space liability

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Buszman Z.

Studia Iuridica

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2023

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tom 97

185-199

EN

The problem of managing space debris is not only an international challenge but also an opportunity to preserve this environment for future space exploration missions. As more countries gain the technology and economic means to launch spacecraft, more focus is being exerted on standardizing the procedures of each country and on adhering to new developing norms under international agreements. Over time, the increasing number of launching states proves that space debris mitigation will have to be coordinated and that preventive measures across all stakeholders – both state and non-state actors – will have to be put in place since if one actor fails to do so, this may inevitably affect all others. The article focuses on the analysis of international space law and policy steps undertaken to tackle environmental pollution in outer space, in particular in terms of accumulation of human-made debris and waste material in the Earth’s orbit and beyond. The aim of the work is to analyse to what extent the international legal framework and policy measures are failing in addressing the emerging issue of debris in outer space and to propose policy recommendations in creating a new specialized international organization along with de lege ferenda conclusions for international space law, especially in the context of possible amendments to the Liability Convention and the Outer Space Treaty.

3

The analysis of human rights ‘inflation’ in the context of evolving international regime of women’s rights

100%

Buszman Z.

Studia Iuridica

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2023

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tom 99

41-58

EN

Without a doubt, the concern about ‘human rights inflation’ reflects the modern world’s increasing ambition, breadth and complexity in developing the human rights regime. This rapidly expanding catalogue of rights has generated discussion about human rights proliferation, devaluation and too vast interpretation. Consequently, some critics perceive new generations of human rights as less relevant, which ultimately is supposed to alter their purpose, legitimacy, and effectiveness. This article seeks to disentangle the inflation objection from other concerns about rights expansionism and to critically assess it. Therefore, it will both analyze the phenomenon of rights inflation as well as evaluate its scope of implication based on the progressive development of women’s rights in the domain of gender-based violence and conflict-related sexual violence. The article will also analyze examples of possible regresses of women’s rights in the topic of reproductive rights based on constitutional court decisions in the United States and Poland. To underline only a few examples, the most striking ones will be presented and they will relate to (i) the evolution of women’s rights invigorated by the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the interpretation of its provisions by the CEDAW Committee, (ii) the recognition of the crime of sexual violence in armed conflicts as well as a more accurate definition of the crime of rape and lastly (iii) the exponential progress of second generation rights, which include social, economic and political emancipation of women. The article will reach its conclusion by explaining the importance of generating a sense of closure in human rights interpretation through drawing strict boundaries around the corpus of ‘proper’ human rights without entitling to a suspicion of claims of too far-reaching cultural and political transformations within societal structure. Instead of calling it human rights devaluation, the author argues that it should be perceived as human rights evolution, which encompasses both a constant adjustment and reinterpretation of rights according to the rapidly changing world as well as the way people understand it.