The Judicialization of climate change in International Courts and the Delimitation of state Responsibility in International Law

This paper seeks to contribute to the growing debate on protecting the environment as a human right, as part of the theme Environment, Human Rights, and International Justice. To this end, we investigate the role of multilateral policies and movements, as well as access to justice at the international level for the protection of the environment. In particular, we look at international cooperation, the delimitation of state responsibility, and the development of environmental issues in international human rights courts. The chapter is divided as follows: (i) a brief analysis of the role of multilateralism in the realization of the right to a healthy environment; (ii) the environment as a human right, from the perspective of international courts, with emphasis on the collaboration of the European, Inter-American and African System Courts; and (iii) an analysis of the advisory opinions issued or about to be issued by International Courts. Finally, the paper seeks to outline expectations about the protection of the environment as a human right in its conclusion, taking into account the shared responsibility of states in environmental matters, as well as the forms of reparation and prevention in cases of environmental violations, which ultimately constitute a violation of human rights.