La responsabilità degli Stati nel contrasto al cambiamento climatico tra obbligazione climatica e diritto al clima

Who can fight against climate change and global warming? Who ought to fight? What is the role of the human rights-based climate change litigation? The paper tries to answer these questions, having as a starting point the definition of a “minimum content” of the fight against climate change and global warming. Acting against climate change and global warming firstly means carrying out a global collective action involving actors (individuals, States, enterprises, generations) with diffe rent levels of awareness and responsibility. Given the above, the paper focuses on the “climate legal obligation” whose source is rooted in the International (United Nations Framework Con vention on Climate Change, Kyoto Protocol, Paris Agreement) and EU climate law, with the aim to point out the legal duties of every single State. Consequently, the paper underlines how the climate obligation specifically requires the adoption of mitigation measures in order to reduce greenhouse gas emissions. Finally, moving from the Dutch Urgenda case, the paper points out the role of the human rights-based climate change litigation in the global fight against climate crisis.