CLIMATE LITIGANCE, HUMAM RIGHTS AND TRANSNATIONAL COMPANIES: CONSIDERATIONS ON THE CASE MILIEUDEFENSIE ET AL. V ROYAL DUTCH SHELL

Abstract

The aim of this paper is to understand how climate litigation can act as a mechanism for effective protection of human rights in the face of violations caused by transnational corporations (ETNs). Initially, reflections are made about the link between climate change, human rights, and companies. Then, climate litigation is discussed as a mechanism for the realization of human rights, with a discussion of its impacts and expansion. Finally, the case Milieudefensie et al. v. Royal Dutch Shell is studied, at which time the mechanism's action is debated in the face of violations arising from business activities. Adopting inductive reasoning, qualitative research encompasses theory and praxis and brings together the techniques of document analysis, literature review and case study. Thus, climate litigation is an important instrument with extraterritorial effects for the protection of human rights in the face of the actions of companies, especially due to the accountability of TNCs: a global challenge that has been increasingly discussed. However, it is concluded that the mechanism is not sufficient to solve the problem of accountability, nor of violation of human rights, making international cooperation necessary to adopt a binding rule that regulates the issue.