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State Responsibility, Climate Change and Human Rights under International Law

State Responsibility, Climate Change and Human Rights under International Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509918447
  • 出版时间 March 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509945436
¥1,057.50
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    The last decade has witnessed an increasing focus on the impact of climate change on the enjoyment of human rights.

    Several international human rights bodies have now recognised the negative implications of climate change for the enjoyment of the rights to life, food, health, housing and self-determination, among others, and regularly call on states to ensure the participation of women, indigenous peoples and other vulnerable groups in climate change-related actions.

    Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for actions related to climate change.

    While accountability is central to human rights law and practice, in the context of climate change it has been undermined by a lack of clarity regarding a series of legal and practical questions. Other pressing questions are the relationship between international human rights law and the UNFCCC regime, and to what extent human rights bodies are competent to deal with cases related to climate change.

    This book offers a timely and comprehensive analysis of the issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime.

  • PART I
    LEGAL AND CONCEPTUAL FOUNDATIONS
    1. Introduction
    Introduction: Climate Change as a Human Rights Issue
    Climate Change, Human Rights and State Responsibility
    The Science
    2. International Human Rights Law
    Sources of International Human Rights Law
    The International Human Rights System
    Interpretation
    Territorial and Personal Scope of International Human Rights Treaties
    3. International Climate Change Law
    Introduction
    The UN Framework Convention on Climate Change
    Conclusion
    4. The Law of State Responsibility
    Introduction
    The Law of State Responsibility
    State Responsibility and International Human Rights Law
    State Responsibility and the Climate Change Regime
    Conclusion
    5. Integrating Legal Frameworks in a Context of Fragmentation
    Introduction
    The Work of the International Law Commission on Fragmentation
    The Special Characteristics of Human Rights Law as a Central Part of a Holistic Legal Framework
    Exploiting Synergies between International Human Rights Law and International Climate Change Law
    Conclusion

    PART II
    STATE RESPONSIBILITY AND REMEDIES FOR VIOLATIONS
    6. Attributing Climate Change-Related Conduct to States
    Introduction
    The Rules on Attribution
    Responsibility and Involvement of Multiple States
    7. Establishing Violations of Human Rights Affected by Climate Change
    The Right of Self-determination
    The Right to Life
    The Right to Enjoy One's Culture
    The Right to the Highest Attainable Standard of Health
    Conflict between Rights
    Conclusion
    8. Remedies for Climate Change-Related Human Rights Violations
    Introduction
    Cessation of Wrongful Conduct and Guarantees of Non-repetition
    Duty to Make Reparations
    Invocation of Responsibility
    Conclusion
    9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals
    Introduction
    Domestic Courts
    National Human Rights Institutions
    Regional Human Rights Bodies
    The United Nations Human Rights Council
    United Nations Human Rights Treaty Bodies
    The International Court of Justice
    Conclusion
    10. Conclusion

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