State Responsibility Climate Change And Human Rights Under International Law

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State Responsibility, Climate Change and Human Rights under International Law

Author : Margaretha Wewerinke-Singh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918450
Total Pages : 214 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Responsibility, Climate Change and Human Rights under International Law by : Margaretha Wewerinke-Singh

Download or read book State Responsibility, Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

State Responsibility, Climate Change and Human Rights Under International Law

Author : Margaretha Wewerinke-Singh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918442
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Responsibility, Climate Change and Human Rights Under International Law by : Margaretha Wewerinke-Singh

Download or read book State Responsibility, Climate Change and Human Rights Under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - European University Institute, Florence, 2015).

Climate Change Damage And International Law

Author : Roda Verheyen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004146504
Total Pages : 419 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Climate Change Damage And International Law by : Roda Verheyen

Download or read book Climate Change Damage And International Law written by Roda Verheyen and published by Martinus Nijhoff Publishers. This book was released on 2005-01-01 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.

International Climate Change Law

Author : Daniel Bodansky
Publisher : Oxford University Press
ISBN 13 : 0199664293
Total Pages : 417 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Climate Change Law by : Daniel Bodansky

Download or read book International Climate Change Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.

Climate Change and Human Rights

Author : Ottavio Quirico
Publisher : Routledge
ISBN 13 : 1317662687
Total Pages : 425 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Climate Change and Human Rights by : Ottavio Quirico

Download or read book Climate Change and Human Rights written by Ottavio Quirico and published by Routledge. This book was released on 2015-09-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Climate Change and Human Rights

Author : Stephen Humphreys
Publisher : ICHRP
ISBN 13 : 2940259836
Total Pages : 127 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis Climate Change and Human Rights by : Stephen Humphreys

Download or read book Climate Change and Human Rights written by Stephen Humphreys and published by ICHRP. This book was released on 2008 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law in the Era of Climate Change

Author : Rosemary Gail Rayfuse
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006083
Total Pages : 401 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Law in the Era of Climate Change by : Rosemary Gail Rayfuse

Download or read book International Law in the Era of Climate Change written by Rosemary Gail Rayfuse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Adjudicating Climate Change

Author : William C. G. Burns
Publisher : Cambridge University Press
ISBN 13 : 1139480898
Total Pages : 413 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Adjudicating Climate Change by : William C. G. Burns

Download or read book Adjudicating Climate Change written by William C. G. Burns and published by Cambridge University Press. This book was released on 2009-07-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.

The Practice of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1107107091
Total Pages : 1229 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper

Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

An Ecological Approach to International Law

Author : Prue Taylor
Publisher : Routledge
ISBN 13 : 1134715854
Total Pages : 462 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis An Ecological Approach to International Law by : Prue Taylor

Download or read book An Ecological Approach to International Law written by Prue Taylor and published by Routledge. This book was released on 2008-01-28 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.

International Law and Sea Level Rise

Author : Davor Vidas
Publisher : BRILL
ISBN 13 : 9004398198
Total Pages : 92 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Law and Sea Level Rise by : Davor Vidas

Download or read book International Law and Sea Level Rise written by Davor Vidas and published by BRILL. This book was released on 2019-03-27 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.

Climate Change Litigation: Global Perspectives

Author : Ivano Alogna
Publisher : BRILL
ISBN 13 : 900444761X
Total Pages : 567 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Climate Change Litigation: Global Perspectives by : Ivano Alogna

Download or read book Climate Change Litigation: Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

International Law and the Protection of “Climate Refugees”

Author : Giovanni Sciaccaluga
Publisher : Springer Nature
ISBN 13 : 3030524027
Total Pages : 230 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis International Law and the Protection of “Climate Refugees” by : Giovanni Sciaccaluga

Download or read book International Law and the Protection of “Climate Refugees” written by Giovanni Sciaccaluga and published by Springer Nature. This book was released on 2020-08-05 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

The Oxford Handbook of International Climate Change Law

Author : Cinnamon Piñon Carlarne
Publisher : Oxford University Press
ISBN 13 : 019968460X
Total Pages : 849 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Handbook of International Climate Change Law by : Cinnamon Piñon Carlarne

Download or read book The Oxford Handbook of International Climate Change Law written by Cinnamon Piñon Carlarne and published by Oxford University Press. This book was released on 2016 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the threats posed by changing weather patterns are becoming more apparent, climate change law has emerged as an important area of law in its own right. This Handbook provides a comprehensive understanding of this growing subject, setting out the key institutions and processes, and featuring interdisciplinary insights from leading experts.

Environmental Law Dimensions of Human Rights

Author : Ben Boer
Publisher :
ISBN 13 : 0198736142
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Environmental Law Dimensions of Human Rights by : Ben Boer

Download or read book Environmental Law Dimensions of Human Rights written by Ben Boer and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.

Threatened Island Nations

Author : Michael B. Gerrard
Publisher : Cambridge University Press
ISBN 13 : 1107025761
Total Pages : 661 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Threatened Island Nations by : Michael B. Gerrard

Download or read book Threatened Island Nations written by Michael B. Gerrard and published by Cambridge University Press. This book was released on 2013-01-21 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.

Complicity and the Law of State Responsibility

Author : Helmut Philipp Aust
Publisher : Cambridge University Press
ISBN 13 : 1139499629
Total Pages : 521 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Complicity and the Law of State Responsibility by : Helmut Philipp Aust

Download or read book Complicity and the Law of State Responsibility written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2011-09-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.