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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: 9781509945436
  • 出版时间 October 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509918447
¥469.06
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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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