The contribution of international law to climate litigation in times of denialism

Abstract

This editorial introduces the first issue of Derecho, Ambiente y Cambio Climático, a journal that aims to consolidate an interdisciplinary forum for the development of environmental and climate law. It highlights the contribution of international law in countering climate denialism and underscores the relevance of recent advisory opinions issued by the International Tribunal for the Law of the Sea, the International Court of Justice, and, most notably, the Inter-American Court of Human Rights. The analysis focuses on Advisory Opinion 32/25, which recognizes the right to a healthy climate as a human right protected under the American Convention, establishing jus cogens obligations for States regarding environmental and climate protection. These developments strengthen the normative and conceptual foundations of climate litigation and the protection of human rights amid the global climate crisis.