Theorising a Human Rights-Based Approach to Energy Transition and Its Justiciability in International and Domestic Jurisprudence

The international community has acknowledged the need to promote energy transition, recognising that decarbonising our energy system is crucial to pursue the goals set by the Paris Agreement. However, several commentators have questioned the effectiveness of the strategies defined at the international level. On the other hand, climate litigation has been achieving interesting results. Domestic courts have used human rights as a standard for assessing the adequacy of national frameworks, often emphasising sustainable development and the protection of future generations. Furthermore, the number of climate disputes submitted to international human rights bodies is increasing, shining a spotlight on such fundamental issues as intragenerational and intergenerational equity and the extraterritoriality of States’ obligations in the field of climate change and emissions reduction. The purpose of this chapter is to explore the most significant domestic and international case law, providing a critical analysis of its strengths and weaknesses. From this perspective, this chapter assesses the current and the potential role of climate litigation to pave the way to the justiciability of the energy transition and theorises a human rights-based approach to this issue.