CLIMATE LITIGATION AND PUBLIC PARTICIPATION IN SOCIO-ENVIRONMENTAL INTERNATIONAL LAW

Abstract

The XXI century climate crisis has pressured the reconfiguration of international legal systems for environmental protection, favoring models that integrate economic development, sustainability, social well-being, and cross-border and intergenerational responsibility. With climate litigation, a legal space emerges with the challenge of moderating the developments of public participation in environmental governance. In this context, this study investigates whether climate litigation has structured a space for civil society to contribute to the construction of a socio-environmentalist order within regional human rights systems. The research adopts a qualitative and exploratory approach, employing the deductive method and documentary analysis, using the Global Climate Litigation Report 2023 as reference. Findings indicate that the Inter-American Court recognizes states’ cross-border responsibility but maintains access barriers; the European Court acknowledges the link between climate and human rights but imposes restrictive procedural requirements; and the African Court lacks significant climate-related litigation. Organized into two sections, the study first examines the evolution of ecological citizenship and then assesses public participation in climate litigation. The conclusion highlights that, despite progress, structural challenges limit the effectiveness of public participation in International Environmental Law.