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Human Rights and Climate Change - A Review of the International Legal Dimensions (Paperback, New)
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Human Rights and Climate Change - A Review of the International Legal Dimensions (Paperback, New)
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This Study explores arguments about the impact of climate change on
human rights, examining the international legal frameworks
governing human rights and climate change and identifying the
relevant synergies and tensions between them. It considers
arguments about (i) the human rights impacts of climate change at a
macro level and how these impacts are spread disparately across
countries; (ii) how climate change impacts human rights enjoyment
within states and the equity and discrimination dimensions of those
disparate impacts; and (iii) the role of international legal
frameworks and mechanisms, including human rights instruments,
particularly in the context of supporting developing countries'
adaptation efforts. The Study surveys the interface of human rights
and climate change from the perspective of public international
law. It builds upon the work that has been carried out on this
interface by reviewing the legal issues it raises and complementing
existing analyses by providing a comprehensive legal overview of
the area and a focus on obligations upon States and other actors
connected with climate change. The objective has therefore been to
contribute to the global debate on climate change and human rights
by offering a review of the legal dimensions of this interface as
well as a survey of the sources of public international law
potentially relevant to climate change and human rights in order to
facilitate an understanding of what is meant, in legal terms, by
"human rights impacts of climate change" and help identify ways in
which international law can respond to this interaction. This is a
complex and dynamically evolving legal and policy landscape and
this study aims to capture its most salient features insofar as
they appear at present. The Study employs the following three-part
conceptual understanding of the links between human rights and
climate change. First, climate change may affect the enjoyment of
human rights: this is explored in part II and draws from the
existing work of the United Nations (UN) Office of the High
Commissioner for Human Rights (OHCHR), the UN Human Rights Council
and the International Council on Human Rights Policy. Second,
measures to address climate change may impact the realization of
human rights. This is a subset of the discussion of "impacts"
targeting "secondary" human rights impacts of measures aimed at
addressing climate change. Third, human rights have relevance to
policy and operational responses to climate change, such that human
rights obligations (both substantive and procedural) may be
relevant to the design and implementation of effective responses to
climate change, particularly in relation to adaptation and to some
extent also to mitigation. Human rights may also have a role in
promoting resilience to climate change and may reinforce
sustainable development goals. The Study includes a number of
approaches from connecting climate change to specific human rights
impacts under international human rights law, to tracing the
applicable sources of law and surveying identifiable obligations
under international human rights law and international
environmental law. The Study reviews how human rights law addresses
environmental protection in substantive and procedural terms
focusing in particular on the advances made in the latter through
the jurisprudence of regional human rights bodies for example. The
Study considers also how environmental protection has been extended
to regulate private as well as public action. Following from this
is a discussion of the application of human rights to climate
change, including an outline of the various ways in which human
rights can be seen to "add value" to the discourse, including the
use of human rights legal framework as a tool for helping analyse
climate impacts and determining appropriate policy responses. The
Study includes a summary analysis of principles and precepts of
international human rights law and multilateral environmental
agreements (MEA) to consider their compatibility in conceptual
terms. It concludes with a short review of potential operational
implications and areas for further research. Among these new issues
in human rights and climate change is the role of the private
sector in addressing the challenges identified and complementing
the efforts of governments: this is particularly apt in light of
the increased recognition of the emerging roles of both public and
private sector actors in relation to human rights.
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