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.
Table of Contents
Chapter 1 Introduction
A. The Global Warming and its Causes
B. Effects and Consequences
C. Copenhagen’s 2 Degree Goal
Chapter 2 Climate Change as a Legal Matter
A. Human Rights Implications of Climate Change
B. Human Rights
I. The Human Rights System
II. Specific International Human Rights in the Context of Climate Change
1. The Right to Life
2. The Right to Food
3. The Right to Water
4. The Right to Adequate Housing
5. The Right to Health
6. The Right to Self-Determination, and Indigenous Rights
7. The Right to Information, Participation, and Access to Decision Making
III. Human Rights-based Cases on Environmental Issues
1. Lopez Ostra v Spain
2. Oneryildiz v Turkey
3. Budayeva v Russia
4. Hungary v Slovakia
Chapter 3 Systematic Analysis of the Human Rights Approach
A. Criticism and Evaluation on the International Human Rights Approach
I. Legally Protected Goods and Legal Norms
II. Violating Actions
III. Causation and Accountability
IV. Compensation, Sentences, and Remedies
V. General Criticism on the International Human Rights Approach
B. Alternative or Additional Approach: The 1951 United Nations Convention Relating to the Status of Refugees
Chapter 4 Conclusion
A. Conclusion on the International Human Rights Approach - Synopsis of the Summarized Criticisms and Potentials
B. Mutual Measures of Equalization and Non-Claim-Based Remedies
Objectives and Topics
This paper examines the feasibility of using international human rights law as a legal instrument to address climate change impacts, specifically focusing on its potential to enforce compensation and remedial measures for affected populations. It critically assesses the challenges of applying existing human rights frameworks to trans-national climate issues.
- The intersection of international human rights and climate change.
- Limitations of current human rights mechanisms in establishing legal accountability for climate-induced harm.
- Evaluation of climate change through the lens of specific rights such as the right to life, health, and self-determination.
- Challenges in proving legal causation and defining perpetrator responsibility in global warming.
- The role of alternative political frameworks like the Copenhagen Accord versus legal remedies.
Excerpt from the Book
A. Human Rights Implications of Climate Change
As previously mentioned, the linkage between climate change and human rights is a rather recent development in the general field of climate change debate. Traditionally, climate change discussions have focused on scientific, environmental and economic aspects. As scientific understanding of the causes and effects of climate change has evolved and impacts on human lives and living conditions become more evident, the focus of debates has progressively broadened with increasing attention being given to the humanitarian and social dimensions. Even more recent is the acceptance of that implication by governmental and legislative authorities. In 2007, it was, for the first time, explicitly stated in an official United Nations resolution that climate change "poses an immediate and far-reaching threat to people and communities around the world and has implications for the full enjoyment of human rights”. The Human Rights Council Resolution 7/23 on human rights and climate change exemplifies this broadening of the debate.
Furthermore, a report has been submitted pursuant to Human Rights Council Resolution 7/23 in which a detailed analytical study of the relationship between climate change and human rights has been provided. This report seeks to outline main aspects of the relationship between climate change and human rights.
Resolution 7/23 and its referring Report were followed by United Nations Council Resolution 10/4. The latter resolution responds to the Human Rights Council Report by drawing essential conclusions from the study and by outlining priorities, as further data collection, the implementation of protection mechanisms for people threatened through displacement, and the shared aiming of the global community. In terms of the former, Resolution notes that "climate change-related effects have a range of implications, both direct and indirect, for the effective enjoyment of human rights" and enlists those rights that are particularly implicated.
Summary of Chapters
Chapter 1 Introduction: Provides a statistical and contextual overview of global warming, its causes, and the emergence of climate change as an international concern linked to human rights.
Chapter 2 Climate Change as a Legal Matter: Explores the intersection of international law and climate change, analyzing specific human rights that are threatened and referencing case law on environmental nuisances.
Chapter 3 Systematic Analysis of the Human Rights Approach: Critically evaluates the legal viability of using human rights to create accountability, focusing on the difficulties of causation, enforcement, and remedy.
Chapter 4 Conclusion: Summarizes the limitations of human rights as a standalone legal tool for climate issues while highlighting their potential as a political instrument for future global agreements.
Keywords
Climate Change, International Human Rights, Global Warming, Legal Accountability, Causation, Copenhagen Accord, Environmental Refugees, Human Rights Council, Mitigation, Adaptation, Self-Determination, Right to Life, International Law, Policy Making, Equity.
Frequently Asked Questions
What is the core focus of this research paper?
The paper explores whether international human rights law can function as a legal basis for demanding compensation and specific support for communities adversely affected by climate change.
What are the primary thematic areas covered in this work?
Key themes include the scientific background of global warming, the legal connection between environmental impacts and human rights, challenges in proving state liability, and the evaluation of international political frameworks.
What is the primary objective of this study?
The goal is to determine if human rights frameworks provide an adequate legal instrument to force action, adaptation, and mitigation regarding the impacts of climate change on a global scale.
Which scientific and legal methods are employed in this analysis?
The paper uses a descriptive and analytical approach, synthesizing existing reports from the IPCC and UN human rights resolutions, while critically evaluating landmark case law to test the applicability of legal theories.
What is addressed in the main body of the text?
The main body examines the specific human rights implicated by climate change, analyzes the obstacles to establishing legal causation, and critiques the effectiveness of current human rights mechanisms and potential alternative strategies.
Which keywords best describe the scope of this work?
The paper is characterized by terms such as Climate Change, International Human Rights, Causation, Accountability, and Measures of Equalization.
Why does the author argue that current human rights law struggles with climate change issues?
The author identifies that existing human rights laws were primarily designed for national or state-specific issues and lack the mechanisms to handle trans-national, global phenomena where causation is difficult to attribute to a single actor.
Does the paper consider the status of climate refugees under international law?
Yes, the paper analyzes the 1951 United Nations Convention Relating to the Status of Refugees and concludes that it is currently insufficient to provide legal protection for those displaced by environmental degradation, suggesting that a new international treaty is necessary.
- Quote paper
- Julia Neumann (Author), 2010, Human Rights and Climate Change, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/164748
