States’ Extraterritorial Jurisdiction in Relation to ghg Emissions After Duarte Agostinho v Portugal

What is it about?

Greenhouse gas emissions cause climate change. Climate change impedes the enjoyment of human rights everywhere – not only where emissions are caused. The globalised nature of the causes of climate change is in tension with the idea that states only have human rights obligations if the victim is within their control in some way. This is how the ECtHR understands jurisdiction in Duarte Agostinho v Portugal and Others. The finding was restrictive and the applicants were not successful. The Court may have been cautious because it fears that states will doubt its legitimacy if it is more generous in these cases. But the decision and reasoning of the Court mean that it cannot contribute much to facilitating climate justice. The hope was that it would and so this state of affairs is disappointing.

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