Mixed signals for domestic climate law : the climate rulings of the European Court of Human Rights

Abstract

The climate rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) are landmark decisions. However, it is not obvious what they mean precisely for the State parties of the European Convention on Human Rights (ECHR). Have we witnessed, in Verein KlimaSeniorinnen Schweiz, a landslide victory for the activists that will revolutionize domestic climate law? Or do the two other decisions in which the Grand Chamber dismissed the applications preponderate? Milanović has rightly pointed out that the judgment in Verein KlimaSeniorinnen Schweiz is “very sophisticated.” All three rulings contain passages that forcefully advocate climate action and a prominent role of the ECHR therein. Other paragraphs defend the sovereignty of states and the margin of appreciation for democratic decision-making. Overall, the rulings send mixed signals. This is not unusual for Grand Chamber rulings that were reached almost unanimously. They reflect a compromise among the judges. In this blog post, I will unpack the consequences of the three rulings for the domestic climate policies of the ECHR parties.