Jul 2026· Aposta: Revista de Ciencias Sociales· Vol 24, pp. e1162· 0 citations· 35 references
Abstract
Climate change and ecological decline serve as core societal crises, revealing stark disparities in how environmental hazards and resources are shared. This study investigates the intersection of environmental policy, social vulnerability, and justice. It particularly highlights emerging nations, where marginalized groups disproportionately endure ecological dangers. Using a multidisciplinary and socio-legal framework, the research evaluates how current environmental regulations and institutional designs succeed or stumble in mitigating climate-driven social impacts. It contends that environmental rules must transcend mere regulatory compliance. Instead, they should integrate core values of fairness, transparency, and the defense of vulnerable demographics. The paper examines the capacity of public policies, legal systems, and grassroots involvement to drive inclusive environmental sustainability aligned with the Sustainable Development Goals, primarily SDGs 10, 13, and 16. By proving that environmental fairness is a fundamental matter of governance, inequality, and human advancement rather than an isolated ecological issue, this study substantially enriches wider dialogues on societal transformation
This systematic literature review explores the intersection of environmental displacement and the common but differentiated responsibility (CBDR) principle, focusing on the ethical, legal, and practical dimensions of climate justice. We examine how current frameworks address disproportionate climate impacts on vulnerable populations, particularly in low-income nations, and evaluate obligations arising from historical emissions. Synthesizing research on climate migration, adaptation funding, socio-economic inequalities, and climate litigation, we identify critical gaps, including insufficient intersectional perspectives and inequitable resource allocation. Our findings emphasize the urgent need for stronger institutional mechanisms to enforce CBDR, especially for displaced individuals lacking legal protection. Although climate litigation is increasingly used to hold high-emission actors accountable, its effectiveness remains debated. Ultimately, while CBDR provides a normative foundation for addressing environmental displacement, its current application is fragmented. We conclude that unified international efforts and comprehensive policy frameworks are essential to align fairness and accountability in a warming world.
I. Vargas-Chaves, Diego Hernández-Guzmán, J. López-Oliva· Frontiers in Climate· 0 citations
Climate change has emerged as one of the most pressing global challenges of the twenty-first century, posing significant threats to ecosystems, human rights, public health, economic development, and sustainable governance. As the adverse impacts of climate change intensify, litigation has become an increasingly important legal mechanism for enforcing environmental obligations, holding governments and corporations accountable, and protecting the rights of vulnerable communities. Climate change litigation has expanded rapidly across jurisdictions, addressing issues such as greenhouse gas emissions, environmental degradation, biodiversity conservation, adaptation measures, corporate responsibility, and intergenerational equity. Simultaneously, the concept of environmental justice has gained prominence by emphasizing the equitable distribution of environmental benefits and burdens, ensuring that marginalized and disadvantaged communities are not disproportionately affected by environmental harm. Contemporary legal systems increasingly recognize the close relationship between climate justice, constitutional rights, and international environmental obligations. Courts across various countries have relied upon constitutional provisions, statutory frameworks, international agreements, and human rights principles to strengthen environmental governance and promote sustainable development. This paper critically examines the evolving relationship between climate change litigation and environmental justice through a comparative legal analysis of recent judicial developments in India, the United States, the European Union, Australia, and other jurisdictions. It explores emerging legal principles, judicial innovations, and policy responses while highlighting challenges relating to enforcement, corporate accountability, climate adaptation, and access to justice. The study concludes that effective climate governance requires robust legal frameworks, proactive judicial intervention, international cooperation, and inclusive environmental policies capable of ensuring ecological sustainability, social equity, and long-term protection of present and future generations.
Research Author· International Journal of Leg...· 0 citations
Climate change and environmental justice create complex legal issues which current
legal systems are not sufficiently tackling. This paper explores the interaction between
the current legal frameworks for climate action and the procedural and substantive
aspects of environmental justice, and finds that there are many structural gaps in the
protection of marginalised groups who are most affected by climate change. The research
identifies key gaps in environmental protection mechanisms based on Indian
constitutional jurisprudence, international legal instruments like the Paris Agreement
and comparative judicial precedents, and examines how distributive, procedural and
recognition justice dimension’s function or do not function in the existing legal regimes.
The jurisprudence in the Indian courts is very strong and places environmental
protection as a fundamental right under Article 21, but statutory implementation is
scattered in various regulatory fields with no framework for integrated climate
governance. International legal architecture is based on principle rather than
enforcement, and gives a lot of leeway to the nation-states and not much to the
marginalised communities in decision-making processes. The authors conclude that
the challenge of environmental justice requires stepping beyond technocratic
management to justice-oriented legal frameworks that involve intergenerational
accountability mechanisms, recognition of indigenous knowledge systems and
employment protection with the climate transition. These specific recommendations
include comprehensive Climate Act legislation, strengthening of participatory
mechanisms using Free Prior and Informed Consent procedures, development of sector
transition frameworks protecting affected workers, and intergenerational impact
assessment. The study concludes that, although law is essential in safeguarding
environmental rights, there is need to give a greater weight to the environmental and
social justice needs as opposed to the short-term economic interests.
A. M.· Research Vidyapith Internati...· 0 citations
As the global climate crisis intensifies, traditional legislative and policy frameworks often struggle to provide long-term ecological protection. Environmental constitutionalism has emerged in response as a legal paradigm that embeds fundamental environmental rights and duties directly in national constitutions. This paper examines how constitutionalising environmental protection serves as a mechanism for enforcing intergenerational justice, the ethical and legal obligation to safeguard planetary health for future generations. Through comparative constitutional design and landmark judicial precedent, the study explores how courts and framers transform abstract concepts, among them the public trust doctrine, the right to a healthy environment and the rights of nature, into enforceable legal duties. It evaluates the structural tensions inherent in that movement, particularly the difficulty of balancing immediate socio-economic development against long-term ecological stewardship, and the procedural obstacles to standing on behalf of unborn generations. The paper argues that environmental constitutionalism raises ecological protection from a matter of political discretion to a rights-based imperative, and that anchoring intergenerational equity in supreme law creates enduring guardrails against short-term political incentives. It concludes with recommendations for framers and jurists seeking to design resilient constitutional frameworks capable of fulfilling the Constitution’s green promise.
Unknown authors· International Journal of Law...· 0 citations
Environmental degradation is often discussed as a technical challenge—one that can be solved through better technologies, stricter regulations, or more efficient resource management. Yet despite decades of scientific advances and policy interventions, ecological decline continues to accelerate. This persistent gap raises an uncomfortable but increasingly unavoidable question: are environmental crises fundamentally ethical problems as much as technical ones? This review explores the philosophical foundations of ethics-led environmentalism and examines how moral reasoning can contribute to more durable forms of ecological governance. Drawing upon scholarship in environmental ethics, environmental justice, ecological philosophy, sustainability studies, and environmental law, the review synthesizes diverse perspectives including ecocentrism, biocentrism, stewardship ethics, intergenerational justice, Earth Jurisprudence, and culturally grounded traditions such as Dharma, Ubuntu, and the Chinese philosophy of human–nature harmony. The analysis further evaluates distributive, procedural, and recognition-based dimensions of environmental justice and investigates illustrative cases from Europe, North America, India, and China. Across these contexts, a recurring pattern emerges: environmental initiatives tend to achieve greater legitimacy and longevity when ethical commitments are translated into institutional practice. The review also considers economic, political, and cultural barriers that complicate the implementation of ethics-led approaches. Ultimately, it argues that environmental protection cannot rely solely on technical expertise and regulatory containment. A genuinely sustainable future requires ecological governance grounded in moral responsibility, social justice, and a renewed understanding of humanity’s relationship with the natural world.
Unknown authors· Energy, Environment, and Eco...· 0 citations
Environmental degradation, climate change, industrial pollution, and unequal exposure to environmental hazards have intensified concerns regarding environmental justice and the equitable distribution of environmental benefits and burdens across communities. Historically, environmental policymaking has been dominated by top-down regulatory approaches that frequently overlooked the lived experiences, cultural values, and local knowledge of populations disproportionately affected by environmental risks. Consequently, community-led environmental justice movements have emerged as influential actors advocating for inclusive governance, equitable resource allocation, and sustainable environmental management through grassroots mobilisation and place-based action. This study examines the role of community knowledge and locally grounded collective action in shaping environmental policy change through a qualitative desk-based documentary study that synthesises evidence from existing literature and documented environmental justice initiatives across urban, rural, and Indigenous contexts. It explores how participatory decision-making, citizen science, collaborative governance, and community-based advocacy strengthen environmental accountability, improve policy responsiveness, and promote socially equitable environmental outcomes. The study further develops a conceptual framework illustrating the interaction between community knowledge, stakeholder engagement, institutional responsiveness, and policy transformation. The findings demonstrate that integrating place-based knowledge into environmental governance enhances policy legitimacy, strengthens adaptive capacity, fosters long-term environmental stewardship, and supports more inclusive, resilient, and sustainable environmental policymaking capable of addressing complex socio-ecological challenges.
Ethel Esinam Atubrah· International Journal of Res...· 0 citations
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