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Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 1,2, University of Heidelberg (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht), course: Master of International Law - Investment, Trade and Arbitration, language: English, abstract: What we only know from films and history, like the history of Atlantis from the ancient times, will become reality in the nearest future. In the South Pacific, one of the greatest inundations in the world's history threats including the loss of territory for various islands and, in the worst case, the loss of a whole Island State - of the low-lying coral atoll island State Kiribati. The question raises if there does not yet exist neither a migration plan nor an answer to the question, what happens with the State Kiribati when it will be inundated. The cause for that phenomenon is one of the very present problems in the world's discussion: the Climate Change. "Climate Change is one of the greatest challenges of our time, and climate-effected hazards have direct and irreversible consequences on people, property, business, financial systems, and state institutions worldwide." However, the phenomenon of the Climate Change is well-known nowadays, and material for discussion, the International Law offers only a few approaches and rarely solutions for the urgent threat. In this particular research project, it will be tried to resolve the question, how to define a State without territory if the territory will be inundated.
Book Synopsis The Right of Self-Determination in the Context of Climate Change by : Mara Alin Brinker
Download or read book The Right of Self-Determination in the Context of Climate Change written by Mara Alin Brinker and published by GRIN Verlag. This book was released on 2020-12-21 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 1,2, University of Heidelberg (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht), course: Master of International Law - Investment, Trade and Arbitration, language: English, abstract: What we only know from films and history, like the history of Atlantis from the ancient times, will become reality in the nearest future. In the South Pacific, one of the greatest inundations in the world's history threats including the loss of territory for various islands and, in the worst case, the loss of a whole Island State - of the low-lying coral atoll island State Kiribati. The question raises if there does not yet exist neither a migration plan nor an answer to the question, what happens with the State Kiribati when it will be inundated. The cause for that phenomenon is one of the very present problems in the world's discussion: the Climate Change. "Climate Change is one of the greatest challenges of our time, and climate-effected hazards have direct and irreversible consequences on people, property, business, financial systems, and state institutions worldwide." However, the phenomenon of the Climate Change is well-known nowadays, and material for discussion, the International Law offers only a few approaches and rarely solutions for the urgent threat. In this particular research project, it will be tried to resolve the question, how to define a State without territory if the territory will be inundated.
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.
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 204 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.
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Book Synopsis Climate Change and Indigenous Peoples by : Randall Abate
Download or read book Climate Change and Indigenous Peoples written by Randall Abate and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland (Law Faculty), course: Climate Change Law, language: English, abstract: 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.
Book Synopsis Human Rights and Climate Change by : Julia Neumann
Download or read book Human Rights and Climate Change written by Julia Neumann and published by GRIN Verlag. This book was released on 2011-01-17 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland (Law Faculty), course: Climate Change Law, language: English, abstract: 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.
Climate Change: Evidence and Causes is a jointly produced publication of The US National Academy of Sciences and The Royal Society. Written by a UK-US team of leading climate scientists and reviewed by climate scientists and others, the publication is intended as a brief, readable reference document for decision makers, policy makers, educators, and other individuals seeking authoritative information on the some of the questions that continue to be asked. Climate Change makes clear what is well-established and where understanding is still developing. It echoes and builds upon the long history of climate-related work from both national academies, as well as on the newest climate-change assessment from the United Nations' Intergovernmental Panel on Climate Change. It touches on current areas of active debate and ongoing research, such as the link between ocean heat content and the rate of warming.
Book Synopsis Climate Change by : The Royal Society
Download or read book Climate Change written by The Royal Society and published by National Academies Press. This book was released on 2014-02-26 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate Change: Evidence and Causes is a jointly produced publication of The US National Academy of Sciences and The Royal Society. Written by a UK-US team of leading climate scientists and reviewed by climate scientists and others, the publication is intended as a brief, readable reference document for decision makers, policy makers, educators, and other individuals seeking authoritative information on the some of the questions that continue to be asked. Climate Change makes clear what is well-established and where understanding is still developing. It echoes and builds upon the long history of climate-related work from both national academies, as well as on the newest climate-change assessment from the United Nations' Intergovernmental Panel on Climate Change. It touches on current areas of active debate and ongoing research, such as the link between ocean heat content and the rate of warming.
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
Book Synopsis Human Rights Approaches to Climate Change by : Sumudu Atapattu
Download or read book Human Rights Approaches to Climate Change written by Sumudu Atapattu and published by Routledge. This book was released on 2015-10-16 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
Book Synopsis Environmental Human Rights and Climate Change by : Bridget Lewis
Download or read book Environmental Human Rights and Climate Change written by Bridget Lewis and published by Springer. This book was released on 2018-08-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.
Book Synopsis The Oxford Handbook of Distributive Justice by : Serena Olsaretti
Download or read book The Oxford Handbook of Distributive Justice written by Serena Olsaretti and published by Oxford University Press. This book was released on 2018 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.
In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.
Book Synopsis Humans on the Move by : Grant Dawson
Download or read book Humans on the Move written by Grant Dawson and published by BRILL. This book was released on 2021-12-06 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.
The threat of climate displacement looms large over a growing number of countries. Based on the more than six years of work by Displacement Solutions in ten climate-affected countries, academic work on displacement and climate adaptation, and the country-level efforts of civil society groups in several frontline countries, this report explores the key contention that land will be at the core of any major strategy aimed at preventing and resolving climate displacement. This innovative and timely volume coordinated and edited by the Founder of Displacement Solutions, Scott Leckie, examines a range of legal, policy and practical issues relating to the role of land in actively addressing the displacement consequences of climate change. It reveals the inevitable truth that climate displacement is already underway and being tackled in countries such as Bangladesh, Kiribati, Papua New Guinea, Solomon Islands, Tuvalu and the United States, and proposes a series of possible land solution tools that can be employed to protect the rights of people and communities everywhere should they be forced to flee the places they call home.
Book Synopsis Land Solutions for Climate Displacement by : Scott Leckie
Download or read book Land Solutions for Climate Displacement written by Scott Leckie and published by Routledge. This book was released on 2014-05-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threat of climate displacement looms large over a growing number of countries. Based on the more than six years of work by Displacement Solutions in ten climate-affected countries, academic work on displacement and climate adaptation, and the country-level efforts of civil society groups in several frontline countries, this report explores the key contention that land will be at the core of any major strategy aimed at preventing and resolving climate displacement. This innovative and timely volume coordinated and edited by the Founder of Displacement Solutions, Scott Leckie, examines a range of legal, policy and practical issues relating to the role of land in actively addressing the displacement consequences of climate change. It reveals the inevitable truth that climate displacement is already underway and being tackled in countries such as Bangladesh, Kiribati, Papua New Guinea, Solomon Islands, Tuvalu and the United States, and proposes a series of possible land solution tools that can be employed to protect the rights of people and communities everywhere should they be forced to flee the places they call home.
