Comparative international litigation and climate change: A case study on access to justice in adaptation matters

Abstract

For the first time in the international climate regime, the Paris Agreement acknowledges the interconnection of climate action and human rights. In the aftermath of the 2019 Intergovernmental Panel on Climate Change (“IPCC”) “Special Report on Climate Change and Land,” the rights to food and to an adequate standard of living appear increasingly imperiled. Thus, the aim of this Article is to investigate how access to justice mechanisms in climate change matters help blueprint measures supporting the livelihood of smallholder farmers. Through comparative international litigation, we analyze the untapped potential of indirectly applying international law in national courts, a process that has occurred in only six decisions worldwide, none of which concerned climate-smart agriculture. Having selected a program of climate-smart agriculture, we turn to litigation strategies for smallholder farmers to access such a program. By supporting climate-smart agriculture measures, plaintiffs can bolster both access to justice and the muchneeded decentralized enforcement of international law.