Abstract:
Strategies to deal with climate litigation are still surrounded by uncertainties and challenges. Other than initiating legal or arbitral proceedings against the liable State, an interesting option for individuals having suffered climate‑related human rights violations deriving from States’ failures to comply with international climate duties could be to rely on mediation. In this regard, individuals and States (including, in particular, state‑owned companies) may conclude mediated settlement agreements to settle climate disputes. The cross‑border enforcement of such agreements could therefore represent for victims of climate‑related human rights breaches a further necessary step towards the effectiveness of access to justice and redress. Against this backdrop, this paper aims to examine the European and international standards on the cross‑border enforcement of mediated settled agreements between individuals and States in the area of climate litigation. In particular, the outcome of this analysis is to determine whether and how this type of settled agreement resulting from mediation can be recognised and enforced around the world.