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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.
This textbook, by three experts in the field, provides a
comprehensive overview of international climate change law. Climate
change is one of the fundamental challenges facing the world today,
and is the cause of significant international concern. In response,
states have created an international climate regime. The treaties
that comprise the regime - the 1992 United Nations Framework
Convention on Climate Change, the 1997 Kyoto Protocol and the 2015
Paris Agreement establish a system of governance to address climate
change and its impacts. This book provides a clear analytical guide
to the climate regime, as well as other relevant international
legal rules. The book begins by locating international climate
change law within the broader context of international law and
international environmental law. It considers the evolution of the
international climate change regime, and the process of law-making
that has led to it. It examines the key provisions of the Framework
Convention, the Kyoto Protocol and the Paris Agreement. It analyses
the principles and obligations that underpin the climate regime, as
well as the elaborate institutional and governance architecture
that has been created at successive international conferences to
develop commitments and promote transparency and compliance. The
final two chapters address the polycentric nature of international
climate change law, as well as the intersections of international
climate change law with other areas of international regulation.
This book is an essential introduction to international climate
change law for students, scholars and negotiators.
As frustration mounts in some quarters at the perceived inadequacy
or speed of international action on climate change, and as the
likelihood of significant impacts grows, the focus is increasingly
turning to liability for climate change damage. Actual or potential
climate change liability implicates a growing range of actors,
including governments, industry, businesses, non-governmental
organisations, individuals and legal practitioners. Climate Change
Liability provides an objective, rigorous and accessible overview
of the existing law and the direction it might take in seventeen
developed and developing countries and the European Union. In some
jurisdictions, the applicable law is less developed and less the
subject of current debate. In others, actions for various kinds of
climate change liability have already been brought, including high
profile cases such as Massachusetts v. EPA in the United States.
Each chapter explores the potential for and barriers to climate
change liability in private and public law.
As the contours of a post-2012 climate regime begin to emerge,
compliance issues will require increasing attention. This volume
considers the questions that the trends in the climate negotiations
raise for the regime's compliance system. It reviews the main
features of the UN Framework Convention on Climate Change and its
Kyoto Protocol, canvasses the literature on compliance theory and
examines the broader experience with compliance mechanisms in other
international environmental regimes. Against this backdrop,
contributors examine the central elements of the existing
compliance system, the practice of the Kyoto compliance procedure
to date and the main compliance challenges encountered by key
groups of states such as OECD countries, economies in transition
and developing countries. These assessments anchor examinations of
the strengths and weaknesses of the existing compliance tools and
of the emerging, decentralized, 'bottom-up' approach introduced by
the 2009 Copenhagen Accord and pursued by the 2010 Cancun
Agreements.
As the contours of a post-2012 climate regime begin to emerge,
compliance issues will require increasing attention. This volume
considers the questions that the trends in the climate negotiations
raise for the regime's compliance system. It reviews the main
features of the UN Framework Convention on Climate Change and its
Kyoto Protocol, canvasses the literature on compliance theory and
examines the broader experience with compliance mechanisms in other
international environmental regimes. Against this backdrop,
contributors examine the central elements of the existing
compliance system, the practice of the Kyoto compliance procedure
to date and the main compliance challenges encountered by key
groups of states such as OECD countries, economies in transition
and developing countries. These assessments anchor examinations of
the strengths and weaknesses of the existing compliance tools and
of the emerging, decentralized, 'bottom-up' approach introduced by
the 2009 Copenhagen Accord and pursued by the 2010 Cancun
Agreements.
The history of international environmental dialogue is a history of
conflict between developing and industrial countries encompassing
the framework, nature, and agenda of international environmental
law. The conflict is focused on who should take responsibility, in
what measure, and under what conditions to contain global
environmental degradation. In the face of inequality in resources
and contributions to global environmental degradation, sovereign
states have crafted a burden sharing arrangement rooted in
differential treatment. Differential treatment refers to the use of
norms that provide for different, more advantageous, treatment to
some states. Real differences exist between states, and the norms
of differential treatment recognize and respond to these
differences by instituting different standards for different states
or groups of states. This book explores the value of differential
treatment in integrating developing countries into international
environmental regimes. It systematically categorizes and analyses
the terms of integration, respecting differential treatment across
new generation environmental treaties. It ferrets out the
philosophical and practical bases for differential treatment in
environmental treaties, and creates a framework within which
differential treatment can be assessed. It suggests certain
boundaries to differential treatment in international environmental
law, and explores in detail the reach of differential treatment in
the climate regime. The conflict between industrial and developing
countries has thus far significantly impaired the ambition of the
international environmental agenda. The relevance of this book lies
in its ability to provide a principled framework within which the
conflict between industrial and developing countries in the
international environmental realm can be examined and resolved.
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