[PDF] State Responsibility Climate Change And Human Rights Under International Law eBook

Author : Margaretha Wewerinke-Singh
Publisher : Bloomsbury Publishing
Page : 204 pages
File Size : 35,59 MB
Release : 2019-03-21
Category : Law
ISBN : 1509918450

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The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Author : Margaretha Wewerinke-Singh
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 43,92 MB
Release : 2019-03-21
Category : Law
ISBN : 1509918442

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Based on author's thesis (doctoral - European University Institute, Florence, 2015).

Author : Roda Verheyen
Publisher : BRILL
Page : 418 pages
File Size : 25,93 MB
Release : 2005-11-01
Category : Law
ISBN : 9047427408

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This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

Author : Ottavio Quirico
Publisher : Routledge
Page : 425 pages
File Size : 12,3 MB
Release : 2015-09-07
Category : Law
ISBN : 1317662687

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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Author : Rosemary Gail Rayfuse
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 39,6 MB
Release : 2012-01-01
Category : Law
ISBN : 1781006083

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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Author : Prue Taylor
Publisher : Routledge
Page : 462 pages
File Size : 28,27 MB
Release : 2008-01-28
Category : Science
ISBN : 1134715854

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An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.

Author : André Nollkaemper
Publisher : Cambridge University Press
Page : 1229 pages
File Size : 17,19 MB
Release : 2017-02-02
Category : Law
ISBN : 1107107091

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This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Author : Giovanni Sciaccaluga
Publisher : Springer Nature
Page : 230 pages
File Size : 13,11 MB
Release : 2020-08-05
Category : Law
ISBN : 3030524027

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This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

Author : Susan Breau
Publisher : Routledge
Page : 350 pages
File Size : 38,20 MB
Release : 2016-03-02
Category : Law
ISBN : 1317569598

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This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.