What future for litigation on climate change adaptation? The potential of a human rights approach

Climate change litigation is rising on a global scale. In most cases, especially the high-profile or ‘strategic’ ones, litigants are focusing on mitigation, i.e., reducing sources or enhancing sinks of greenhouse gases, rather than on adaptation. In this context, the present contribution aims to investigate how and to what extent litigation on climate change adaptation can progress in the future. Adaptation obligations are less developed than those on mitigation, and this may explain, at least in part, why litigation on adaptation is less advanced. However, the contribution points out that human rights arguments can complement the paucity of binding obligations on climate change adaptation and serve as a basis for adaptation cases. To this end, the chapter surveys the extant rights-based cases aimed to advance adaptation action, distinguishing between cases brought before domestic courts and complaints filed with international judicial or quasi-judicial bodies. The chapter discusses these cases and concludes with some reflections on the future of litigation on climate change adaptation.