Environmental Rights and Climate Rights: Erga Omnes Obligations in International Law and EU Law?

Abstract

Is there an erga omnes right (and duty) to a sustainable environment in international law? Is an erga omnes right (and duty) to a sustainable climate developing within this framework? What is the contribution of EU law to this trajectory? This article explores the pace, nature and scope of application of the right to a sustainable environment as well as that of a possible right to a sustainable climate within this framework from the intertwined perspectives of international law and EU law. The article fundamentally claims that an erga omnes right and duty to a sustainable climate is developing in international law" EU law has largely contributed to this development and is currently essentially aligned with international law in this regard. By contrast, EU law seems to be more progressive than international law with respect to the development of the right to a sustainable climate as a specific erga omnes claim.