Environmental Human Rights and Climate Change

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing ...

Author: Bridget Lewis

Publisher: Springer

ISBN: 9789811319600

Category: Law

Page: 250

View: 519

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This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
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Human Rights and Climate Change

This inquiry into the human rights dimensions of climate change identifies future perspectives, concerns and dilemmas for law and policy.

Author: Stephen Humphreys

Publisher: Cambridge University Press

ISBN: 9780521762762

Category: Law

Page: 348

View: 216

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This inquiry into the human rights dimensions of climate change identifies future perspectives, concerns and dilemmas for law and policy.
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Climate Change and Human Rights

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: Ottavio Quirico

Publisher: Routledge

ISBN: 9781317662679

Category: Law

Page: 410

View: 426

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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.
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Human Rights and the Environment

Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be ...

Author: Sumudu Atapattu

Publisher: Routledge

ISBN: 9781351757942

Category: Business & Economics

Page: 328

View: 180

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The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.
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Are International Human Rights Instruments Effective In Protecting People s Rights from the Global Effects of Climate Change

Master's Thesis from the year 2017 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Birkbeck, University of London, language: English, abstract: This study seeks to address the ...

Author: Nouha Rouabah

Publisher: GRIN Verlag

ISBN: 9783668608320

Category: Law

Page: 43

View: 735

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Master's Thesis from the year 2017 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Birkbeck, University of London, language: English, abstract: This study seeks to address the issue of climate change through a human rights lens by focusing on the causes of climate change and its impacts on both the environment and human rights. It highlights the close link between capitalist industrialization and environmental degradation and explains how this consequently leads to human rights violations. This research tackles human rights approach to climate change with a special focus on international human rights instruments mainly the two international covenants, the ICCPR and the ICESCR, it seeks to understand whether they impose international obligations on states to protect human rights from the adverse effects of climate change and how those imposed duties can be enforced to effectively protect people’s rights. Unfortunately, this paper will reach to the conclusion that the existing human rights law does not adequately protect human rights from the lethal threat of climate change, due to the absence of a universally recognized right to a healthy environment, moreover, despite the possibility of the extraterritorial application of the ICESCR, the political will of states to cooperate under the provisions of the covenant to face the issue of climate change seems to be also absent.
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Human Rights and the Environment

The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and ...

Author: Linda Hajjar Leib

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004188648

Category: Law

Page: 182

View: 248

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The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
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Environmental Human Rights

Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.

Author: Markku Oksanen

Publisher: Routledge

ISBN: 9781351742511

Category: Business & Economics

Page: 216

View: 178

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The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.
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Human Rights at the Boiling Point

The relationship between human rights and the environment in international law has become increasingly important as the world realizes the full scope and complexity of environmental problems like climate change.

Author: Patrick Ryan Hamilton

Publisher:

ISBN: 0494212144

Category: Climatic changes

Page: 160

View: 811

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The relationship between human rights and the environment in international law has become increasingly important as the world realizes the full scope and complexity of environmental problems like climate change. This thesis examines how international human rights law and concepts may be used to fill gaps in "traditional," state-centric, international environmental law that leave it unable to address the human impacts of environmental harm. This study examines the practice of using existing human rights laws and mechanisms to address environmental damage and also looks at ongoing discussions about the feasibility of establishing substantive environmental human rights in international law. This study concludes that existing international human rights laws and mechanisms are inadequate to address the challenges presented by complex environmental problems such as climate change and that the human rights and environment paradigm can best address climate change through greater recognition of substantive environmental human rights in international law.
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Routledge Handbook of Human Rights and Climate Governance

This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance.

Author: Sébastien Duyck

Publisher: Routledge

ISBN: 9781315312552

Category: Business & Economics

Page: 430

View: 967

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Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.
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Human Rights Approaches to Climate Change

This book examines the link between climate change and human rights in a comprehensive manner.

Author: Sumudu Atapattu

Publisher: Routledge

ISBN: 9781317910602

Category: Law

Page: 324

View: 521

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Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
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A Global Environmental Right

This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance.

Author: Stephen Turner

Publisher: Routledge

ISBN: 9781135090258

Category: Business & Economics

Page: 208

View: 573

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The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.
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Human Rights and Environmental Sustainability

Postgraduate students in human rights - particularly human rights theory - global or international ethics, and scholars working in environmental law or human rights law will also find this book invaluable.

Author: Kerri Woods

Publisher: Edward Elgar Publishing

ISBN: 9781849808071

Category: Political Science

Page: 190

View: 420

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Human Rights and Environmental Sustainability challenges the assumed harmony between human rights norms and the demands of environmental sustainability, by addressing conceptual, normative, and political questions surrounding the interaction between the two. What is gained and lost by environmental theorists and activists adopting the language and institutions of human rights? Is there coherence or tension between the values of human rights and environmental sustainability? Is the idea of environmental human rights plausible, and defensible? Whereas previous studies have considered the interface between human rights and environmental sustainability on an empirical level, this pioneering book engages the theoretical and philosophical issues at stake. Given the significant environmental challenges we face, and the dominance of human rights as a normative framework, these concerns demand our attention. This timely work will appeal to scholars in the fields of environmental politics, philosophy, human rights theory and global or international ethics, as well as postgraduate students in environmental politics, and philosophy. Postgraduate students in human rights - particularly human rights theory - global or international ethics, and scholars working in environmental law or human rights law will also find this book invaluable.
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Climate Change Migration and Human Rights

This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Author: Dimitra Manou

Publisher: Taylor & Francis

ISBN: 9781317222347

Category: Business & Economics

Page: 268

View: 574

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Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.
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The Human Right to a Good Environment in International Law and the Implications of Climate Change

Environmental factors impact on the enjoyment of human rights in a number of ways.

Author: Bridget Mary Lewis

Publisher:

ISBN: OCLC:1011514523

Category:

Page: 678

View: 483

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Environmental factors impact on the enjoyment of human rights in a number of ways. However, the exact nature of the relationship between the environment and human rights in international human rights law remains unsettled, most notably in relation to the concept of a human right to a good environment. While the idea of a substantive right to an environment of a particular quality has received considerable support, it has yet to be adopted in any international legal instrument and remains the subject of much debate. This thesis interrogates the concept of a right to a good environment from a variety of perspectives to provide a comprehensive analysis of its suitability for inclusion in international human rights law. Given that climate change represents the biggest environmental challenge to have faced the international community, the thesis considers whether the right to a good environment is capable of providing new approaches for addressing the human rights implications of climate change. This thesis analyses the theoretical, legal, practical and political implications of the right to a good environment. It considers the theoretical foundations of human rights to assess whether the right is justifiable. It is concluded that a 'good environment' cannot be linked to human dignity, autonomy or interests without relying on rights which are already protected under existing law, such as the rights to health, food and water. It concludes that, without an independent justification, legal recognition of the right would risk undermining the existing human rights framework. The thesis also considers existing human rights approaches to environmental protection and to climate change in particular to determine whether a new right offers any significant practical benefits which might otherwise justify its recognition. The transnational, cumulative and ongoing impacts of climate change create significant challenges for enforcing human rights and it is argued that these effects would be even more problematic in relation to the right to a good environment. Because international legal recognition of new human rights depends on having the support of States, the thesis considers the current attitudes of States towards environmental human rights and human rights approaches to climate change. States are currently reluctant to acknowledge that they owe human rights obligations with respect to climate change and it is argued that they would be particularly unwilling to accept obligations under a new right to a good environment. Without the support of States, there is little likelihood that the right to a good environment would be adopted into international human rights law. The thesis concludes that continued proposals to recognise the right to a good environment in international law should be abandoned. The various theoretical, legal, practical and political considerations examined in the thesis indicate that it is not possible to settle on a definition of the right which would be both practically useful and independently justifiable. Further attention should instead be directed to clarifying the application of existing human rights law to environmental degradation, including the impacts of climate change.
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Interlinkages between Environmental and Human right law

Essay from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, Ruhr-University of Bochum, language: English, abstract: The links between human rights and environmental law is not very ...

Author: Maryna Dorash

Publisher: GRIN Verlag

ISBN: 9783656646525

Category: Law

Page: 10

View: 199

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Essay from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, Ruhr-University of Bochum, language: English, abstract: The links between human rights and environmental law is not very obvious initially. At first glance, it is difficult to see what could possibly tie freedom of speech, freedom of religion and freedom of the press to that of climate control. When examining the human rights issues to environmental concerns, it is readily apparent that one impacts the other. Meaning, there is an obvious connection. Human rights globally are basically the acknowledgement by government or non-government entities that humans have the right to exist and that right needs to be protected. A human’s place of existence is his or her surroundings or environment. So, it follows reasonably that the lack of any means by which a human can exist or any diminishment of environmental resources necessary to continue to exist in his or her environment would be a violation of a human right so the environment must be protected. Using climate change as an example since it seems to get the most attention and changing most quickly internationally the international law link gets a little clearer. But that is just the tip of the quickly-melting iceberg. Officially making this lawful association between these two areas opens the door for a plethora of proposed guidelines, interpretations of guidelines, challenges, lawsuits, civil rights actions, enforcement, etc. With expansion or new associations or combinations of previously disassociated areas, activity revolving around these new frontiers will undoubtedly continue to grow. Environmental human rights cover a lot of areas, so, for the sake of clarity and, hopefully, understandability, the focus here will be on climate control. In addition, the impact climate control has had, is having, and will have on human rights issues are monumental and deserve the extra attention. The following sections will attempt to first extract the issue of climate control from human environmental rights law so a manageable issue can be analyzed as it relates to international human environmental rights law. Next, international regulations and guidelines will be discussed, including the challenges of making any law global between different cultures, demographics and environment. Next, in the Global Procedures section, the processes implemented to enforce and/or resolve the regulations and guidelines are addressed. Finally will be discussed the overview of the citizens ’of the world’s perception of human environment rights international laws along with, specifica
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Research Handbook on Human Rights and the Environment

Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and ...

Author: Anna Grear

Publisher: Edward Elgar Publishing

ISBN: 9781782544432

Category: Law

Page: 592

View: 169

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Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law.
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Human Rights and the Environment

Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be ...

Author: Sumudu Atapattu

Publisher:

ISBN: 113872274X

Category: Climatic changes

Page: 328

View: 849

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The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy. research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.
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Climate Change and Indigenous Peoples

This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores ...

Author: Randall Abate

Publisher: Edward Elgar Publishing

ISBN: 9781781001806

Category: Law

Page: 590

View: 203

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'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
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Human Rights and Climate Change

Unfortunately, this essay will come to the conclusion that the international human rights approach struggles with functioning as a solitary legal basis in that context and with stepping beyond the just moral implication.

Author: Julia Neumann

Publisher: GRIN Verlag

ISBN: 9783640801695

Category: Law

Page: 36

View: 737

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Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland (Law Faculty), course: Climate Change Law, language: English, abstract: This paper deals with the linkage of international human rights and climate change. It focuses on the approach to deduce legal claims in the form of compensations and concrete measures from international human rights in the course of impairments through climate change. This paper shall give a short overview on the issue climate change in general, including its causes, effects and the current political strategies. It furthermore provides a synopsis on how human rights are impaired by global warming and climate change effects. Unfortunately, this essay will come to the conclusion that the international human rights approach struggles with functioning as a solitary legal basis in that context and with stepping beyond the just moral implication. Human rights’ legislative potential rather lies 'in the development of more encompassing and more inclusive legal and political strategies. Human rights may advisably be instrumentalized to strengthen political debates and be used as an incitement to set up enforceable and balanced agreements on reasonable measures of equalization and support.
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Environmental Law Dimensions of Human Rights

This book canvasses a range of law and policy issues concerning human rights and the environment.

Author: Ben Boer

Publisher: OUP Oxford

ISBN: 9780191056369

Category: Law

Page: 250

View: 474

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How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
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