One of the most important innovations of the 2025 climate advisory opinions is the gradual movement away from an impossible model of direct, linear causation. Read together with modern evidentiary technologies, these opinions allow courts to connect internationally wrongful omissions or failures of due diligence to concrete hindrances to the enjoyment of affected human rights. In this way, the difficult task of identifying climate change victims, often perceived as almost insurmountable, can be approached through new principles and the careful use of emerging technologies.
A New Avenue for Climate Change Victims: Using Advisory Opinions and New Evidentiary Technologies to Reframe Causation and Strengthen Climate Justice before the ECTHR
Valerio Sinaj
2026-01-01
Abstract
One of the most important innovations of the 2025 climate advisory opinions is the gradual movement away from an impossible model of direct, linear causation. Read together with modern evidentiary technologies, these opinions allow courts to connect internationally wrongful omissions or failures of due diligence to concrete hindrances to the enjoyment of affected human rights. In this way, the difficult task of identifying climate change victims, often perceived as almost insurmountable, can be approached through new principles and the careful use of emerging technologies.File in questo prodotto:
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