Legal Imagination, and the Turn to Rights in Climate Litigation: A Rejoinder to Zahar

Author: Corina Heri
Published: 06.10.2022
In the most recent issue of EJIL, I discuss whether anthropogenic climate change can and should be understood as a human rights issue, particularly at the European Court of Human Rights (ECtHR). In a reply to my piece, Alexander Zahar has voiced concerns about the over-extension of human rights law, invoking the perils of the ‘wish to commandeer an existing body of law to address a new problem type’. In this post, I counter what I see as Zahar’s three main objections to my piece. In doing so, I discuss the role of courts and of scholars in the dynamic…