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Of Comparative Constitutionalism and Definitional Inclusivity: Rights-based Climate Litigation in India and the European Union

Parul Kumar


In recognition of the extensive impacts of climate change on all aspects of human life, human rights law and constitutional law remedies have emerged as compelling elements of effective climate litigation strategy. In contrast to Global North jurisdictions, such as the European Union countries, where rights-based arguments in climate litigation have been prominently linked to the goal of emission reduction, litigation strategies in Global South jurisdictions such as India are more broad-based, focussing inter alia on the violation of constitutionally guaranteed fundamental rights arising from environmental degradation. This article makes a case for a broader definition of climate litigation, particularly to include environmental constitutional jurisprudence from Global South jurisdictions such as India within its fold, and provides insights on the value of undertaking inclusive and comparative research in the field.

Parul Kumar (LL.M.), PhD candidate at the Faculty of Law and Criminology at KU Leuven. For correspondence: <>.


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