Climate Rights in Brazil and the United States: A Convergence in Contrasts

This Article offers three quick takeaways. First is the utility of rights-based approaches to climate change. As evidence of climate change grows, international and domestic law are rushing to keep pace. ... Second is the value of borrowing. Courts look and listen to other courts. As the political processes at both domestic and international levels have failed to protect against climate change, whether by action or inaction, a growing number of courts—led by those in Brazil, the United States, and elsewhere—have tried to catalyze more robust and effective government responses. ... Last is implementation. Without a strategy for operationalizing these legal tools, they are pointless. ... (Abstract consists of excerpts from the article's Conclusion.)