Pérez on Structural Remedies in Climate Change Cases

GCDC PhD student member Edward Pérez has recently published an article in the journal Transnational Legal Theory. The paper, titled ‘Assessing the IACtHR’s Normative and Democratic Legitimacy to Issue Structural Remedies in Climate Change Cases’, discusses the potential of the Inter-American Court of Human Rights (IACtHR) to issue structural remedies in cases concerning climate change and the probable legitimacy tensions that may arise. The article argues that the IACtHR has normative legitimacy to issue structural remedies. It further argues that, although in general terms, issuing broad agenda-setting remedies in climate cases provides more legitimacy to the IACtHR as it allows the State to decide how to pursue compliance, more specific remedies where the IACtHR formulates a policy could favour more impact in some occasions, particularly more effective protection of rights of those individuals that are usually not allowed to be part of democratic decision-making processes.

Read the paper on the Transnational Legal Theory website.