Ius et scientia - 2023 - Vol. 9, Nº 1

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Theorizing a Human Rights- Based Approach to Biodiversity and its Justiciability in Domestic and International Jurisprudence
(Universidad de Sevilla, 2023) Fanni, Simona; Universidad de Sevilla. Departamento de Derecho Internacional Público y Relaciones Internacionales; Ministerio de Ciencia e Innovación (MICIN). España
This paper sets out the results achieved in the framework of a research project dealing with the protection of biodiversity from the perspective of international human rights law. In particular, this study draws inspiration form the environmental case law on the rights of Nature and from a rising climate litigation wave that stands out for several prominent features, namely: the use of human rights and constitutional rights as a standard for assessing States’ compliance with their obligations under international human rights law and international environmental law; the narrative of intragenerational and intergenerational equity; a renewed reading of extraterritoriality. In this respect, the most significant domestic and international decisions are analyzed, and some viable ways in which the results achieved by the case law under consideration may benefit the protection of biodiversity and its justiciability are suggested, including multi-level judicial dialogue.