Most discussions of a rights-based approach to the environmental crises facing the planet quite appropriately centre on demanding that each state take action to prevent or mitigate environmental harm that diminishes, for those within its territory and jurisdiction, the enjoyment of internationally guaranteed human rights. Environmental degradation, in particular global climate change, undeniably has a negative impact on, and will increasingly limit, civil, political, economic, social and cultural rights, especially for the world's most vulnerable populations. Nonetheless, problems of standing, justiciability, ripeness and causality have been among the prominent problems encountered when individuals have sought to vindicate their rights through human rights litigation.

Another rights-based approach is explored herein, whereby the government of a state may, and, indeed, arguably has the duty to, assert and defend the rights of its inhabitants, rather than remaining passive and ultimately defending itself for alleged rights-violating acts and omissions. The premise of the approach is that in the international community, which is organized on a territorial basis among some 192 independent, sovereign and juridically equal states, governments exist for the purpose of protecting the sovereign rights of the state and the human rights of their inhabitants, present and future, or, in constitutional language, ‘to ensure domestic tranquillity, provide for the common defence, promote the general welfare and ensure liberty to its citizens now and in the future’.