Climate Protest and the Right of Resistance in International Law

This paper examines the actions of the current climate protest movement and the criminal sanctions and other laws which have been introduced in a number of jurisdictions aimed at restricting such protests. It analyses these developments from an international human rights law perspective and argues that utilising the concept of a right of resistance under international law appropriately and accurately reflects the historical and socio-economic under pinnings of climate change harms and, as such, is a helpful and appropriate concept to utilise in balancing competing interests involved in establishing the lawful remit of climate protest. In doing so, it examines the scope of necessary and proportionate climate protest exercised as an act of resistance and whether this would cover acts which cause disruption or property damage.