TY - JOUR A1 - Auz, Juan T1 - Human rights-based climate litigation: a Latin American cartography JF - Journal of Human Rights and the Environment N2 - This article maps climate litigation developments in Latin America and their human rights and constitutional rights implications. As in other regions of the Global South, groups and individuals in Latin America have engaged in litigation to counter environmental harms threatening or violating the enjoyment of their human rights. Climate change, either as a primary or as a secondary concern, is slowly becoming a key focus of this form of strategic human rights-based litigation. Despite the gradual increase of the ‘Latin American docket’ of climate litigation cases, very few academic accounts have explored its legal dimensions or its contextual underpinnings. This article addresses this lacuna by identifying and examining the constitutional opportunities for and constraints upon adjudicating climate-related cases through human rights law, and also problematizes the development of climate litigation in Latin America by drawing attention to the influence of extractivist political and economic interests. The categories used for analysis stem from the literature on climate litigation in the Global South, case law and interviews with Latin-American litigants. The article concludes by stressing that this type of climate litigation is increasing and has led to several favourable verdicts, but caution is warranted as some political economy elements might hinder the development of such litigation, its inclusivity and long-term effectiveness. Y1 - 2022 U6 - https://doi.org/10.4337/jhre.2022.01.05 SN - 17597196 VL - 13 IS - 1 SP - 114 EP - 136 ER - TY - CHAP A1 - Auz, Juan T1 - Two Reputed Allies: Reconciling Climate Justice and Litigation in the Global South T2 - Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action N2 - Climate litigation in the Global South is a novel and increasingly prominent phenomenon that prompted a first wave of scholarly work examining and systematizing its main features. Despite the rigour that these academic accounts apply to assessing the main legal arguments of both litigants and courts, they fail to address the possible tensions between climate justice and the consequences of a domestic court decision in developing nations that did not substantially contribute to the climate crisis. This piece aims to fill that gap by using case law from the Global South to examine challenges around remedies, which will underscore the tensions between climate justice and litigation. Thereafter, this piece, drawing from international norms, advocates for the recognition of a duty of international cooperation, which can inform future courts’ orders in climate cases in both the Global North and the Global South. This normative exercise provides the basis to reconcile climate litigation in the Global South with climate justice, two reputed allies. Y1 - 2022 SN - 9781009106214 U6 - https://doi.org/10.1017/9781009106214.009 SP - 145 EP - 156 PB - Cambridge University Press ER -