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1
Osofsky, Hari. „Scales of Law: Rethinking Climate Change Governance“. Thesis, University of Oregon, 2013. http://hdl.handle.net/1794/13297.
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The international treaty regime on climate change is failing to address this problem adequately and cannot fully capture the scales of the problem or of efforts to address it. This dissertation draws from geographic conceptions of scale and legal governance theory to: (1) argue for the value of polycentric, multi-scalar approaches to climate change governance, (2) explore the nuances of what such approaches entail, and (3) propose strategies for improving their effectiveness. It does so by applying these theoretical approaches to three case studies: climate change litigation, federal climate change regulation, and suburban action on climate change. For each of these case studies, it demonstrates the complexity of defining scales and scalar dynamics and considers how the activity being described does and should fit into multi-scalar governance approaches. It concludes by reflecting upon the lessons from the case studies for how to understand the geography of multi-level governance approaches and to approach its core principles of hybridity, multi-scalar, and inclusion.
This dissertation includes previously published material.
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Tedenljung, Amanda. „Climate Change and Forced Migration : How Climate Refugees fit into EU Asylum Law“. Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412272.
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Climate change is one of the greatest challenges facing humankind and its effects will hit the most vulnerable persons disproportionately hard. Several millions of people risk displacement due to environmental hazards, natural disasters and climate mediated conflicts, influencing migration patterns across the world. Without a strategy for protecting specifically climate refugees, States risk violating several human rights, which makes the issue highly relevant to the international community. Nevertheless, an intergovernmental strategy for addressing the challenges does not yet exist. This thesis focuses specifically on the European Union’s role in protecting climate refugees. It offers an analysis of the mechanical and attitudinal dimensions of refugee protection in the Common European Asylum System (CEAS) and uses post-colonial theory as a tool for interpreting its implementation. This thesis is written with the purpose of contributing to the discourse on how climate refugees can and should fit in under current EU legislative mechanisms.
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Rached, Danielle Hanna. „The international law of climate change and accountability“. Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/28696.
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In the past few decades, accountability has become a key concept to assess the role and place of a wide range of trasnational institutions. Such trend can be partially explained by the widespread sense of unaccountability that permeates the legal realm beyond the state. The aim of this thesis is to investigate three particular institutional actors of the Climate Change Regime: the Intergovernmental Panel on Climate Change (IPCC), the Compliance Committee of the Kyoto Protocol (CCKP), and the Clean Development Mechanism (CDM). This investigation is carried out through the descriptive and critical lenses of accountability. It resorts to the Global Administrative Law (GAL) project in order to pursue that task. Along the way, the thesis asks four interrelated research questions. The first is conceptual: what is accountability? The second is an abstract normative question: what is regarded as a desirable accountability relationship at the national and the global level? The third is purely descriptive: how accountable are the three institutions? The fourth, finally, is a contextualised normative question: how appropriate are their three accountability arrangements? The two former questions are instrumental and ancillary to the two latter. That is to say, they respectively provide the analytical and evaluative frameworks on the basis of which a concrete description and a concrete normative assessment will be done.
4
Wendland, Johannes. „International human rights law and climate change: the case for a duty to mitigate climate change“. Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33976.
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The dissertation deals with the relationship between climate change and international human rights law. A special focus lies on the question if states have a human rights obligation to mitigate climate change by reducing greenhouse gas-emissions. To this end, the dissertation develops and proposes a risk-based approach that helps overcome the complex issue of causation. After a short introduction (section I), the thesis establishes the framework (section II) by defining climate change on one hand and international human rights law on the other hand, describing roughly the scientific processes and the most pertinent legal instruments. It then puts both element in relation by briefly tracing the history of how scholars and activists have started to apply a human rights approach to the issue of climate change. This relation is further enlarged upon with an analysis of the factual impacts that climate change has on human rights guarantees (section III). Next to established human rights under especially the ICCPR and the ICESCR, the question is discussed if a self-standing right to a healthy environment exists de lege lata. The thesis also briefly describes the issue of climate justice. On this basis, the centrepiece of the dissertation then discusses the resulting human rights obligations (section IV). It notes that so far, there is significant scepticism towards a human rights duty to mitigate and its potential content is rather vague. To strengthen the case for a duty to mitigate, the text proposes a “risk-based” approach: Based mainly on jurisprudence by the European Court of Human Rights, it is argued that states not only have to prevent harm but also reduce mere risks of harm. This way, the issue of causation and attribution which is often seen as the Achilles-heel of a human rights approach to mitigation can be overcome. In the end, it is submitted that states are under a duty to reduce their greenhouse gas-emissions in accordance with the remaining “greenhouse gas-budget”. This argument is further corroborated with regard to climate justice and an extraterritorial perspective on the duty to mitigate (section V). It is argued that the international relevance of the right to self-determination as well as a duty not to interfere with human rights in other countries could require states to take into account not only climate change impacts in their own territory but also abroad. This way, the human rights duty to mitigate is not only reinforced, but can also help to realise a greater degree of climate justice. Lastly, the conclusion (section VI) recaps and summarizes the given argument and concludes that a human rights approach can be useful to compel governments to more decisive mitigation measures.
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Fors, Ellen. „Climate Change and the Right to Water : How Climate Change Affects the Enjoyment of the Right to Water“. Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76528.
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Gigot, Elisabeth. „International law and biofuel issue related to climate change“. Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96171.
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7
Schofield, Simon anthony. „The law of climate change mitigation in New Zealand“. Thesis, University of Canterbury. Law, 2012. http://hdl.handle.net/10092/10347.
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As the world strives to reduce greenhouse gas emissions to mitigate climate change, the law has a crucial role to play in supporting mitigation solutions. Starting with the common law's potential for the development of a climate change tort in New Zealand, this thesis analyses the applicability of New Zealand's environmental land use planning law before turning to how an New Zealand emissions unit under the Climate Change Response Act 2002 will work in theory and practice to reduce greenhouse gas emissions. This thesis argues that the operation of corporations to drive these reductions as well as the development of renewable electricity from water, geothermal, wind and marine resources will require an integrated approach to sustainability. It explains that the transition from fossil fuels which can be owned to fugacious renewable resources which are incapable of ownership until capture requires reconsideration of the nature of property. Energy efficiency and conservation in addition to sequestration which reduce greenhouse gas emissions expose opportunities and problems associated with disaggregating property law rights. It concludes that New Zealand law must keep sight of the purpose of reducing greenhouse gas emissions through all levels of society, namely, climate change mitigation.
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Saab, Anne. „A legal inquiry into hunger and climate change : climate-ready seeds in the neoliberal food regime“. Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3201/.
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This thesis explores the issue of hunger in the context of climate change. In particular, it investigates the role that international law plays in finding ways to tackle hunger. The research focuses on one particular adaptation strategy to climate change that has been proposed, namely ‘climate-ready seeds’. Climate-ready seeds are genetically engineered for resistance to abiotic stresses, such as drought, and intended to increase food production in the face of climate change. This research presents narratives of climate-ready seeds that expose different perspectives on whether these seeds can contribute to solving the problem of hunger. The specific example of climate-ready seeds is seen as a reflection of the ‘neoliberal’ food regime. While the exploration of the role of international law focuses primarily on climate-ready seeds, the conclusions are also relevant for food regime theory more broadly. I study the role of law in discourse on climate-ready seeds through the fields of climate change adaptation law, intellectual property law (particularly seed patents), and human rights law (especially the right to food). My main argument is that, while law is often invoked as part of the solution to climate change-induced hunger, there is little attention for the role that law plays in framing the problem. How hunger is framed as a problem determines the solutions available to solve it. Ultimately, this inquiry investigates the contribution of international law in framing hunger in the context of climate change as a problem. The analysis is based on the identification of five fundamental assumptions underlying debates on climate-ready seeds. I argue that a great deal of critical attention is directed at corporate patent rights on seeds; much less consideration is given to fundamental questions about hunger and how to eradicate it Finally, I apply the conclusions about the role of law in debates about climate-ready seeds to the neoliberal food regime. My broader argument is that global food relations as understood through food regime theory must consider the role that law plays in creating and reinforcing a certain way of thinking about hunger in the context of climate change. Without addressing the framework of assumptions on which the current food regime is based, it will be difficult to truly change global food relations and formulate alternative ways of combating hunger.
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Forsbacka, Kristina. „Climate Finance and the Point of Green Bonds“. Licentiate thesis, Luleå tekniska universitet, Samhällsvetenskap, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:ltu:diva-82363.
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The emergence of green bonds in 2008 has been perceived as an important means to move towards green and sustainable investments, and the green and sustainable bond markets have also grown exponentially. The purpose of my thesis is to analyse the green bond instrument and the role that it plays at climate finance. Notably, the role of the green bond and climate finance has changed over time. The Paris Agreement from 2015 was the first climate agreement to address the finance sector, and the sustainable finance markets are now moving forward at a swift pace, with new and innovative products developing and rewarding green and sustainable investments. The essence of the research is threefold. Firstly, an analysis based on an empirical study and analysis of the terms and conditions of the contracts between issuers and investors regulating green bonds on the Nordic market. Secondly, an analysis of the new innovative bond instruments – transition bonds and sustainability-linked bonds – following the green bond that have emerged starting in 2019. Thirdly, the green bond instrument is analysed in its historical context, describing the role of carbon pricing and comparing the green bond instrument to experience from early project-based climate finance, the Clean Development Mechanism (CDM). To conclude, an analysis is provided of the green bond instrument and the role that it plays at the transformation to a climate-resilient and sustainable society. The perspective in the analysis and the discussion is normative and forward looking (“de lege ferenda”), based on experience – “lessons learned” – from the development of early climate finance and the development that the green and sustainable bond market has undergone. The ultimate purpose is to analyse the role the of the green bond at climate finance. My analysis addresses the interplay between coercive and voluntary regulation of the green bond instrument. The theory and findings of the thesis are that flexibility should be provided to market participants to allow for the development of new innovative instruments, based on the tools and infrastructure developed at climate finance and green and sustainable bonds. Legal regulation should focus on information and disclosure of climate-related and sustainability risks, and providing clarification and codification of definitions and standards for this purpose. The tools and infrastructure created for green bonds, and further developed for other emerging innovative bonds, could be used to provide transparency at sustainability at all finance. As climate-related and sustainability risks are disclosed and addressed properly is provided and fiduciary duties are developed, the financial market can move from rewarding “green”, to penalising “brown” investments. When “green” is the new normal there will be no need for a specific green bond instrument. The point of green bonds is being part of this journey – not the solution.
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Rivlin, Jennifer N. „Conflict management climate related to employment litigation“. Diss., Georgia Institute of Technology, 2001. http://hdl.handle.net/1853/29532.
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Verheyen, Roda. „Climate change damage and international law : prevention duties and state responsibility /“. Leiden [u.a.] : Nijhoff, 2005. http://www.gbv.de/dms/sbb-berlin/50232872X.pdf.
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Whitehead, Isabelle. „Climate Change Law in Southeast Asia: Risk, Regulation and Regional Innovation“. Thesis, Sydney Law School, 2013. http://hdl.handle.net/2123/10507.
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Durrant, Nicola Anna May. „The role of law in responding to climate change : emerging regulatory, liability and market approaches“. Thesis, Queensland University of Technology, 2008. https://eprints.qut.edu.au/48907/1/Nicola_Durrant_Thesis.pdf.
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Climate change presents as the archetypal environmental problem with short-term economic self-interest operating to the detriment of the long-term sustainability of our society. The scientific reports of the Intergovernmental Panel on Climate Change strongly assert that the stabilisation of emissions in the atmosphere, to avoid the adverse impacts of climate change, requires significant and rapid reductions in ‘business as usual’ global greenhouse gas emissions. The sheer magnitude of emissions reductions required, within this urgent timeframe, will necessitate an unprecedented level of international, multi-national and intra-national cooperation and will challenge conventional approaches to the creation and implementation of international and domestic legal regimes. To meet this challenge, existing international, national and local legal systems must harmoniously implement a strong international climate change regime through a portfolio of traditional and innovative legal mechanisms that swiftly transform current behavioural practices in emitting greenhouse gases. These include the imposition of strict duties to reduce emissions through the establishment of strong command and control regulation (the regulatory approach); mechanisms for the creation and distribution of liabilities for greenhouse gas emissions and climaterelated harm (the liability approach) and the use of innovative regulatory tools in the form of the carbon trading scheme (the market approach). The legal relations between these various regulatory, liability and market approaches must be managed to achieve a consistent, compatible and optimally effective legal regime to respond to the threat of climate change. The purpose of this thesis is to analyse and evaluate the emerging legal rules and frameworks, both international and Australian, required for the effective regulation of greenhouse gas emissions to address climate change in the context of the urgent and deep emissions reductions required to minimise the adverse impacts of climate change. In doing so, this thesis will examine critically the existing and potential role of law in effectively responding to climate change and will provide recommendations on the necessary reforms to achieve a more effective legal response to this global phenomenon in the future.
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Josephson, Per. „Common but differentiated responsibilities in the climate change regime : historic evaluation and future outlooks“. Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-145767.
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15
Berger, Felix. „Climate Change – A Matter of Life or Death : A Study of the Connection Between Climate Change and the Right to Life in the European Convention on Human Rights“. Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76487.
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16
Li, Wen Jing. „Water governance in a changing climate : adaptation strategy of EU water law“. Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.
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17
Rajamani, Lavanya. „Differential treatment in international environmental law : sharing the burden of climate protection“. Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401780.
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Shryock, Allison. „American Federalisms and Climate Policy“. Ohio University Honors Tutorial College / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1618143242538514.
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Luhandjula, Yasmine. „Assessing the Prospects for Climate Action in the form of Climate Litigation as a tool to safeguard Human Rights“. Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/76560.
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Climate change poses major threats to human life in the form of food and water shortages, health issues, loss of property and more. Climate change amplifies existing environmental, social, economic and political challenges and has increased the risk of displacements, accelerates social injustices, inequalities, and threatens human rights, including the right to life itself. Consequently, States can no longer overlook their obligations to effectively address climate change to safeguard human rights. States have agreed to mobilize stronger and more ambitious climate actions. However, their pledges on carbon emission caps, adaptation practices and climate change funds under the Paris Agreement, are not as ambitious as they ought to be. The aim of this research to assess the value and effectiveness of climate litigation as a substantial form of climate action to safeguard human rights. This research reveals that there has been a significant increase in climate litigation procedures and outcomes which reflect multiple ways in which climate litigation has influenced States to enhance and adopt laws to increase climate action on mitigation and adaptation practices. This research also reveals that climate litigation is amplified through public and civil society mobilisation as well as collaboration efforts between lawyers, scientists and activists across the world, and it is recognised as a valuable tool for those who seek accountability and justice for climate-induced harms.Mini Dissertation (LLM)--University of Pretoria, 2020.
Centre for Human Rights
LLM
Unrestricted
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Lassen, Merle. „Geo-engineering the climate under the UNCLOS : is sub-seabed storage the salvation?“ Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96175.
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Nordlund, Alexandra. „Locus Standi in Climate Change Cases Before the European Court of Human Rights“. Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94743.
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Pedersen, Ole W. „From the king to the climate : environmental justice and legal remedies“. Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25798.
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Mason-Case, Sarah A. „Though this be madness yet there be method in't: fostering polycentric climate change governance“. Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=119361.
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In this study, the author adopts a Polanyian perspective to answer the questions: (a) What is the architecture of global climate change governance, and (b) What can be done to enhance its performance? A review of the expert literature shows the overall architecture is markedly polycentric. This is to say that it is constituted of diverse state, private and hybrid initiatives that are independent or networked at multiple scales and jurisdictions, and are governed by actors including and beyond the United Nations Framework Convention on Climate Change (UNFCCC). The UNFCCC was established to institutionalize a global and comprehensive response to climate change. However, prevailing scenarios demonstrate that it is quickly heading toward failure in its mandate. Several explanations help to understand deficits in the UNFCCC and the predominance of polycentric initiatives. In particular, three common threads stand out in the expert literature, including the ascendency of neoliberal economic policies, globalization and the phenomenon that James Rosenau calls "fragmergration." In order to answer the second question, the author considers the characteristics, explanations and implications of the polycentric approach against Polanyi's theories of the "double movement" and "embeddedness." In addition, she proffers an agenda for future dialogue based on a heuristic model for effective and fair governance.Dans cette thèse, l'auteur adopte une perspective « polanyienne » afin de répondre aux questions suivantes: (a) Quelle est l'architecture de la gouvernance mondiale aux changements climatiques, et (b) Que peut-on faire pour améliorer sa performance? Une revue de la littérature montre que l'architecture mondiale est nettement « polycentrique. » Cela veut dire qu'elle est constituée des initiatives diverses qui sont publiques, privées et hybrides ; qui sont indépendantes ou interconnectées à plusieurs échelles et juridictions ; et qui sont régis par des acteurs associés avec, mais aussi externe à, la Convention-Cadre des Nations Unies sur les Changements Climatiques (CCNUCC). La CCNUCC a été mis en place pour institutionnaliser une réponse mondiale et compréhensive aux changements climatiques. Toutefois, les scénarios scientifiques démontrent qu'elle est en train d'échouer son mandat. Plusieurs explications permettent de comprendre les déficits dans la CCNUCC et aussi la prédominance des initiatives polycentriques. En particulier, la littérature démontre trois thèmes communs, y compris l'économie néolibérale, la mondialisation et le phénomène que James Rosenau appelle "fragmergration." Pour répondre à la deuxième question, l'auteur considère les caractéristiques, les explications et les implications de l'approche polycentrique à travers les théories de Polanyi de « la contre-mouvement social » et «l'encastrement ». De plus, elle offre un agenda pour un dialogue futur basé sur un modèle heuristique pour la gouvernance mondiale qui est efficace et équitable.
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Paradis, Mark. „Is it just hot air?: the security discourse on climate change“. Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66833.
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Abstract: There is a near-consensus among governments, scientists, and the media that climate change poses a genuine threat to state security. Despite this consensus, the results of cooperative efforts to deal with this threat have been unimpressive. This thesis attempts to explain the divergence between the discourse on climate change and state behaviour by constructing a neorealist theory of cooperation on climate change. The argument comprises two central hypotheses. First, as the vulnerability of a state to climate change increases, it will be more willing to cooperate. Second, as the military threat to national security decreases, states will be more willing to cooperate. These hypotheses are supported by secondary hypotheses that posit a relationship between system-level variables and the level of cooperation. Statistical methods are used to test these propositions. The results do not support the hypothesized relationships.Résumé:Les gouvernements, les scientifiques et les médias sont presque unanimes au sujet des changements climatiques. Selon eux, ces changements menacent la sécurité étatique. Malgré ce consensus, les résultats de la coopération pour résoudre ce problème ont été décevants. Cette thèse vise à expliquer cette divergence entre les déclarations et les actions des états en construisant une théorie néoréaliste de coopération au sujet des changements climatiques. La thèse comprend deux hypothèses centrales. Premièrement, alors que le niveau de vulnérabilité d'un état aux changements climatiques augmente, l'état sera plus enclin à coopérer. Deuxièmement, tandis que la menace militaire diminue, il est plus probable qu'un état coopère. Ces deux hypothèses centrales sont complétées par des hypothèses secondaires qui proposent une relation entre des variables au niveau systémique et la coopération. Des méthodes statistiques ont été utilisées pour tester ces relations. En fin de compte, les résultats ne supportent aucuns des relations proposées.
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Jiang, Zhongnan. „Diversity Climate and Its Impact on Law Enforcement Employees’ Work Attitudes and Interpersonal Experiences“. The Ohio State University, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=osu1593479429497562.
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Ferreira, Clarissa. „Liberalising trade in climate-friendly goods under the framework of the General Agreement on Tariffs and Trade“. Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15168.
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Climate change implications have infiltrated all sectors of society and the world can no longer adopt a 'business as usual' attitude. The unprecedented nature of these implications renders it difficult to address in a swift manner the challenges that arise. Anthropogenic GHG emissions are largely responsible for climate change and fossil fuel-based energy uses are considered to be the biggest contributor to these emissions. The need to reduce the rate of these emissions is an uncontested issue. It has been suggested that one of the options would be to scale up sustainable energy sources through a shift to cleaner and low-carbon transport fuels and technologies. This shift to cleaner energy resources could be achieved in numerous different manners; however, this dissertation will consider how a Sustainable Energy Trade Agreement could contribute to this shift as one option amongst among a myriad of other steps that need to be taken to mitigate climate change. This dissertation considers how the liberalisation of trade in CFGs can assist in this shift to cleaner energy resources. As is illustrated the process of liberalising trade in CFGs has been hindered by several issues. A proposal has emerged for a Sustainable Energy Trade Agreement that could render assistance to the issues that arise with the liberalisation of CFGs as well as expedite the liberalisation process. The ultimate question that this dissertation seeks to address is whether a SETA-type agreement entered into by certain WTO Members would be compatible under the GATT.
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Levitt, Gordon. „Changing Climate, Changing Commitments: Municipal Greenhouse Gas Reduction Strategies in Oregon“. Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20488.
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This thesis examines emerging commitments by local governments in Oregon to address climate change, and situates those efforts within climate policy development at the international, national, regional, and state governmental levels. It also reviews the literature for local climate initiatives and seeks to expand upon that knowledge by surveying “Climate Policymakers” in Oregon. The survey results provide insight into the challenges and opportunities associated with local government and state-level efforts to reduce greenhouse gas emissions in Oregon. Considering current climate policies, a broad selection of scholarly analysis, and the opinions of leading climate policy experts in Oregon, this thesis recommends eight categories of strategies to enhance greenhouse gas reduction efforts in Oregon.
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Ledesma, Cecilia. „China: Potential Mitigation Strategies for Reducing Agricultural Greenhouse Gas Emissions“. Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/236.
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This paper seeks to understand the role that the agriculture sector can play in romoting China's climate change mitigation efforts. In order to understand the history of agricultural and climate change policies in China, the beginning sections are devoted to these topics. In the following chapter,the impact of climate change on agricultural production is explored. Using research data that determine the primary sources of emissions within agriculture, and mitigation practices that have proved effective, potential GHG mitigation measures are proposed in the fourth chapter.Based on recommendations made by economists, the final chapter delineates agricultural policies that would incentive farmers to implement the GHG mitigation strategies outlined in the preceding chapter.
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vom, Holtz Dorothee Freiin. „‘The role of the United Nations Security Council in addressing the challenges brought by Climate Change'“. Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32671.
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Climate change is an inevitable scenario that already endangers millions of lives. The phenomenon occurs in an area of international law where there is an urgent need for international co-operation in order to solve the problem. It is a global problem that needs a global solution. Since treaty-based collaborations, aimed at battling the consequences of climate change, have been difficult to achieve or implement, the question arises whether the United Nations Security Council, with its ability to pass binding resolutions, could thus be a successful alternative to address the issues resulting from climate change. In contrast to conventional treatymaking, United Nations Security Council Resolution are often more efficient in their decision making as they require less compromise and can result in a stronger impact due to faster implementation.
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Afshar, Ali. „The impact of the Russian legal climate on foreign investors“. Thesis, Queen Mary, University of London, 2006. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28503.
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There is a consensus in the law and development field and international policy circles that a Theoretically Ideal Legal Climate is necessary to attract foreign investment into an emerging economy. This research study analyses and attempts to build on this 'Dominant Theory' in the context of Russia. The Dominant Theory has little direct empirical support: the methods that are most often used to assert that law as a determinant of foreign investment are inappropriate to the task, and the findings of such studies are inconsistent and unconvincing. Further, the studies that purport to assert the importance of a Theoretically Ideal Legal Climate to foreign investors leave three important questions unanswered: - How do foreign investors perceive the host legal climate before investing? - Why do they invest in countries that lack a Theoretically Ideal Legal Climate? - What factors affect the importance that foreign investors attach to host legal climates? A range of existing research provides preliminary answers to these questions, suggesting that the Dominant Theory is not entirely accurate. They form the basis of two hypotheses. Interviews of foreign investors and their advisors in London and Moscow are carried out to address the research agenda. The evidence verify the hypotheses. While foreign investors would prefer a Theoretically Ideal Legal Climate, and welcome improvements in the quality of the Russian legal climate, it is clear that a notable faction of them do not conform to the Dominant Theory. First, according to the interviewees, the quality of Russia's legal climate does determine whether investors choose to invest there or not. Second, foreign investors can operate successfully in the absence of a Theoretically Ideal Legal Climate. Finally, the impact of the Russia's legal climate depends significantly on the characteristics of the investor and nature of the investment.
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Zena, Yenebilh Bantayehu. „Enforcement under the global climate regime : reflections on the design and experience of the Kyoto-Marrakesh compliance system“. Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96173.
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Willcox, Susannah. „Climate change inundation and Atoll Island States : implications for human rights, self-determination and statehood“. Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3195/.
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‘Climate change inundation’ — the process whereby climate change-related harms such as rising sea levels, higher storm surges and changing rainfall patterns interact with existing vulnerabilities like poverty, resource scarcity and inadequate infrastructure — will eventually leave low-lying coral atoll island states uninhabitable. Climate change inundation demands our attention because of the unique challenge it presents to the state, which provides the international legal personality and political infrastructure through which individual and collective human rights are protected, treaties are negotiated and so on. While recognising the positive features of proposals for the planned migration of individual islanders, this thesis is concerned with what they fail to capture: the threat posed by climate change inundation to the collective autonomy and independence of atoll island populations. It explores this threat from the perspective of self-determination, a legal principle whose relevance in this context has been widely acknowledged but not yet explored in detail. The thesis identifies the populations of atoll island states as self-determining peoples, argues for the recognition of climate change inundation as a grave, foreseeable, external threat to their self-determination, and examines the reasons other states may have for acting (or not acting) to address this threat. It then proposes a collective decision-making framework for atoll island peoples, drawing inspiration from the Declaration on Friendly Relations. The first option in this decision-making framework is the ‘[re-]establishment of a sovereign and independent State’ with jurisdiction over a defined territory; the second is ‘the emergence into any other political status freely determined by a people’, including a so-called ‘deterritorialized state’; and the third is to enter into ‘free association or integration with an independent State’, a choice that would protect the collective political status of a people but abandon any claim to statehood or exclusive territorial jurisdiction.
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Doelle, Meinhard. „From hot air to action? climate change, compliance and the future of international environmental law /“. Halifax, Nova Scotia : Dalhousie University, 2005. http://proquest.umi.com/pqdweb?did=1014321911&sid=2&Fmt=2&clientId=78006&RQT=309&VName=PQD.
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Carlsson, Lina. „Climate change and sustainable energy in Canada and the United States : positions, policy and progress“. Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80912.
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Canada and the United States are two of the most energy-intensive countries in the world and have an immense impact upon their surrounding environment. Both countries have committed to contributing to the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, in accordance with the United Nations climate change regime. Their climate change-related energy policies do not, as yet, show any sign of achieving that objective, especially in light of the fact that greenhouse gas emissions are on the rise. This thesis consequently argues that not enough is being done by Canada-US to fulfill their commitments under the climate change-regime and tests that hypothesis.
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Geldenhuys, Benjamin Basson. „The North –South divide in international environmental law after the Paris agreement“. University of the Western Cape, 2021. http://hdl.handle.net/11394/8068.
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Magister Legum - LLMGlobal climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly in developing countries. The Stockholm Declaration of 1972 facilitated the first international consensus concerning the application of CBDR to international environmental problems. This was in reaction to the developing countries refusal to adhere to the same standards as the developed countries as they perceived this as a burden to their economic growth, which is unjust due to the developed countries historical culpability.
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Valderas, Ana-Sofia. „Climate change law and litigation in Sweden with scenarios from Europe : Possibilities for members of the public to challenge the state's responsibility for climate change through litigation“. Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384955.
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The Swedish government is legally obliged to conduct climate policy work that will protect nature and humanity from the harmful effects of climate change. Obligations related to the environment arise under Swedish domestic law, European law and international law. This thesis investigates the possibilities for the Swedish public to initiate climate change litigation against the Swedish government due to insufficient climate actions. I examine three climate change litigation approaches from selected jurisdictions, including Germany, the Netherlands, Norway and the United Kingdom. By transposing the three litigation approaches into the Swedish legal order I seek to discuss the possibilities for the public to challenge the Swedish state's responsibility in climate matters. This thesis claims that the possibilities for the concerned public to address climate change are restricted. International obligations derived from the European Convention on Human Rights and the Aarhus Convention have given individuals substantive rights and procedural rights in matters related to the environment. However, the implementation of the international obligations are not always enshrined in the national law.
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Herrault, Joel. „Refuge from Climate Change? : The Principle of Non-Refoulement under the ICCPR and the ECHR in the Context of Climate Change“. Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-438698.
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In the early 1990s the Intergovernmental Panel on Climate Change predicted that the gravest effects of climate change could be on human migration, as millions would be displaced by coastal erosion, flooding, and drought. Today, this is considered a reality that is coming ever closer. Yet, there are currently no binding international frameworks dedicated to the issue of climate induced migration. In addition, the current regime of international refugee law is woefully inadequate at responding to the issue. Individuals that do not fall under the refugee definition are thus commonly left with the general scope of international human rights law standards, so-called complementary protection. On these premises, this thesis sets out to examine the circumstances under which the non-refoulement principle in international human rights law could be applied in the context of climate change effects and especially slow onset processes, and how the principle could potentially be developed. Principally through examining jurisprudence concerning the International Covenant on Civil and Political Rights and the European Convention on Human Rights, this thesis finds that while there is a possibility for non-refoulement obligations to arise due to the effects of climate change, the precise scope of such protection is unclear. Although case law has emerged and continues to do so, the complex nature of climate induced migration and the undeveloped jurisprudence on this issue leaves important questions unanswered. This thesis finds that there seems to be no obvious response to the question whether climate change is a relevant factor in the legal analysis of non-refoulement claims, and whether it should be. Furthermore, there are great challenges in discerning the required intensity of harm for the threshold to be met and protection to be granted. In addition, this thesis finds that applying the non-refoulement principle in the context of slow onset processes entails several difficulties, particularly concerning the timing and prediction of the harm. It is therefore concluded that, as long as there is no framework dedicated to the issue of climate induced migration, clarity will be much needed in case law as to the scope of non-refoulement obligations in the context of, especially, slow onset processes due to climate change.
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Sylva, Ntumba Mbathshi. „The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness“. University of the Western Cape, 2012. http://hdl.handle.net/11394/4633.
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Magister Legum - LLMTrade and climate change intersect in many ways. Aside from the broad debate as to whether economic growth and trade adversely affect the environment, linkages are recognized between existing rules of the World Trade Organization (WTO) and rules established in various multilateral environmental agreements (MEAs). Controlling greenhouse gas (GHG) emissions promises to be a top priority on both national and international agendas, and special attention has been given to the relationship between the WTO and the emerging international regime on climate change. The unilateral use of carbon-related import restrictions risks triggering retaliation by trading partners. It also raises questions about whether such trade measures are consistent with countries’ obligations under the WTO. The WTO status of measures imposed not on products directly but on the methods by which they were produced, which is the case in carbon-related trade restrictions, is not clear. Whether such violations can be excused by exceptions for measures taken with the purpose to protect human life or health, or the environment, is an open question. There is also the question of whether solutions to the problem of the WTO’s inconsistency with regard to trade-related measures in climate change policy can be found. This paper explores the relationship between trade and climate change regimes, the potential areas of conflict, and what can be done to promote mutual gains. Apart from exploring the key issues and examining the conceptual underpinning of the two regimes, revealing important symmetries as well as some divergence, the paper is aimed at finding a more universal and long lasting solution to the WTO’s inconsistency of carbon-related to GHG emissions, both within and outside the WTO.
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Haywood, Caroline. „Filling the gap: the role of sub-national government networks in a multi-level global climate change regime“. Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114608.
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This thesis questions the contemporary perception of climate change governance as a purely international responsibility, to be primarily addressed by multilateral negotiations of nation states. An engagement with the geographic theory of scale demonstrates sub-national governments' (SNG) role in the governance of local causes and effects of climate change. SNG networks are an emerging actor in climate change governance, as SNGs have grouped together to tackle climate change collectively. This thesis considers the value of these SNG networks in influencing the laws and policies of their members, as well as the international regime. More broadly, the membership of SNG networks suggests that the role of these networks in a multilevel governance regime is to "fill the gap" of support for regional and city governments that are undertaking more ambitious climate change action than the national governments in which they reside.Ce mémoire questionne la perception contemporaine de la primauté des négociations multilatérales, qui ont pour but de lutter contre le changement climatique. La théorie géographique de l'échelle illustre que les villes, les provinces et les régions – les gouvernements sous nationaux – jouent également un rôle dans la gestion des causes et des effets locaux du changement climatique. Les réseaux, créés par les gouvernements sous nationaux, sont en train de devenir des acteurs majeurs dans la gouvernance du changement climatique en raison du regroupement de ces gouvernements afin de traiter de la question collectivement. Ce mémoire étudie l'importance de ces réseaux; en particulier, leurs influences sur les lois et la politique des gouvernements sous-nationaux, ainsi que sur le régime international de l'Organisation des Nations Unis. De plus, l'adhésion des réseaux suggère que le rôle de ces réseaux au sein d'un régime à plusieurs niveaux est de mettre fin aux lacunes qui existent dans le soutien des gouvernements régionaux et des municipalités, qui ont entrepris des projets pour la lutte contre le changement climatique plus ambitieux que les gouvernements nationaux dans lesquels ils se situent.
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Libebe, Eugene Lizazi. „Climate change governance in the SADC region: towards development of an integrated and comprehensive framework policy or protocol on adaptation“. Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12907.
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Includes bibliographical references.The scientific community has shown that climate change is occurring and is caused mainly by human activities. This state of affairs has various societal and environmental implications which has demanded attention and raised concerns about the future of human life on earth. Increasing concerns about climate change has led the international community, regional bodies and national governments to adopt legal instruments and other mechanisms to address the phenomenon. In these efforts and measures mitigation and adaptation have been the prominent response strategies. However, adaptation to climate change has experienced much less attention than mitigation. This research provides a conceptual analysis of adaptation, and discusses some socio-economic and cultural implications of climate change in the Southern African Development Community (SADC), in order to show why adaptation is a better response to climate change. The research outlines and assesses the relevant developments in international, African and mainly SADC’s responses to climate change through adaptation in their legal and institutional frameworks. This includes related developments in Namibia and South Africa as SADC Member States. The study advocates for regional consensus to design a holistic policy framework and effective governance on adaptation to climate change in the SADC, as one of the world’s most vulnerable regions. As such, the study further examines the aspect of good governance and institutional frameworks as essentials for climate change adaptation in the SADC context. It concludes that it is necessary for SADC member states to cooperate in formulating an integrated and comprehensive protocol on adaptation.
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Svantesson, Hanna. „Where to Live When My State is Submerged Under Water? : A Study of the International Legal Protection for Climate Refugees“. Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76483.
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Bishop, Kirsten. „Fairness in international environmental law : accommodation of the concerns of developing countries in the climate change regime“. Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30285.
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This thesis is concerned with the role of fairness in international environmental law and, by way of example, focuses specifically on the perspective of developing countries in the context of the climate change regime. A brief analysis of underlying conceptions of fairness in general international law serves as the backdrop for an evaluation of both procedural and substantive aspects of fairness within the climate change regime. This evaluation includes a detailed consideration of the United Nations Framework Convention on Climate Change and the Kyoto Protocol to that Convention. The thesis concludes that the role of fairness in the climate change regime, and in international environmental law more generally, has become significant in recent years. It is likely that this trend will continue through further articulation of claims, by developing countries and others, in the context of an ongoing fairness debate. (Abstract shortened by UMI.)
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Sylva, Ntumba Batshi. „The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness“. Thesis, Uiversity of the Western Cape, 2012. http://hdl.handle.net/11394/5140.
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Magister Legum - LLMThis paper explores the relationship between trade and climate change regimes, the potential areas of conflict, and what can be done to promote mutual gains. Apart from exploring the key issues and examining the conceptual underpinning of the two regimes, revealing important symmetries as well as some divergence, the paper is aimed at finding a more universal and long lasting solution to the WTO's inconsistency of carbon-related to GHG emissions, both within and outside the WTO.
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Bennett, Christopher D. „For the sake of future generations : intergenerational justice and climate change mitigation“. Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/103409/.
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[Introductory paragraph] The present generation must confront a challenge. The challenge is to determine what it must do for the sake of future generations. This challenge is quite puzzling because the present generation, like its predecessors, will pass on to future generations a complex mix of goods, inventions, institutions and opportunities containing a range of benefits and burdens. In this thesis, I focus on one key intergenerational problem – anthropogenic climate change – considering some of the questions of intergenerational justice that it raises. While it has not always been the case, climate and climate change have recently taken on new significance as a process to which humans can, and in fact do, contribute. More specifically, while paleoclimatic data show substantial variation in the Earth’s climate (Masson- Delmotte, Schulz, Abe-Ouchi, Beer, Ganopolski, J.F. González Rouco, E. Jansen, et al., 2013: 385), an ever-growing mass of evidence shows that human activity – particularly the sustained emission of greenhouse gases (GHGs) – is beginning to change the global climate, with much greater changes still to come (IPCC, 2013b: 4, 19ff). This produces what is known as anthropogenic climate change, “a change in the state of the climate that can be identified (e.g., by using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer”, and that results from human activities (IPCC, 2013a: 1448, 1450).
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Dellinger, Myanna F. „Rethinking «Fuerza Mayor» in a World of Anthropogenic Climate Change“. Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118876.
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This article addresses the question of whether extreme weather events should form the basis for individuals or even the States, may be exempted from complying with its legal obligations.The old, but still very viable institution of force majeure can empower both companies and nations to absolve themselves of their responsibilities and duties. However, in a world where human-induced climate change is proven, could we say that such disasters are truly«natural»? Does it make sense, from a legal and factual matter, that they continue to allow the parties to be exempt from liability when modern science has shown that in all probability people, not some enigmatic power, have caused most universally of the problems that hold us harmless looking?Force majeure is based on the idea that the «man» somehow is separate from «nature». This article challenges this idea and argues that, in many cases, no longer makes sense to apply the institution of force majeure. At least, judges should be very careful in doing so for reasons of public policy and allocation of risks. In addition, the contracting parties must have enough caution to claim that they may be able to exempt themselves from future liability clauses appealing «force majeure».Este artículo aborda la pregunta sobre si los eventos de clima extremo deben servir de base para que los particulares o, incluso los Estados, puedan eximirse de cumplir con sus obligaciones legales.La antigua, pero aún muy viable, institución de la fuerza mayor, puede facultar tanto a las empresas como a los Estados-Nación a eximirse de sus responsabilidades y deberes. Sin embargo, en un mundo donde el cambio climático antropogénico está probado,¿podríamos decir que tales desastres son verdaderamente «naturales»? ¿Acaso tiene sentido, desde un punto de vista legal y fáctico, que se les siga permitiendo a las partes eximirse de responsabilidad legal cuando la ciencia moderna ha demostrado con toda probabilidad que, las personas -no algún misterioso poder universal- han ocasionado la mayoría de los problemas por los que buscamos eximirnos de responsabilidad?La fuerza mayor se basa en la idea de que el «hombre», de alguna manera, se encuentra separado de la «naturaleza». Este artículo cuestiona esta idea y argumenta que, en muchos casos, ya no tiene sentido aplicar la institución de la fuerza mayor. Al menos, los jueces deben ser muy cuidadosos al hacerlo por razones de política pública y asignación de riesgos, así como las partes contratantes deben tener la suficiente precaución al pensar o pretender que pueden ser capaces de eximirse de responsabilidad futura invocando cláusulas de «fuerza mayor».
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Afinowi, Olubunmi Ayodele. „An outline and critical assessment of the role of planning laws in the regulatory framework of climate change adaptation in South Africa and Nigeria“. Doctoral thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29313.
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Climate change affects the natural and built environment, including all forms of development. The risks of climate change include severe alterations to the normal functioning of communities, including adverse effects on humans, infrastructure, land use, the built and natural environment. Due to these occurring and projected adverse effects, there is the need to develop resilience within communities, especially in areas of particular vulnerability. The point of departure of this research is that planning laws have a role to play in the adapting to, and building of resilience against, climate change. As such the work argues for an integration of climate change considerations into planning, environmental and related laws. The relevant laws will be examined to consider the extent to which they are suited to aid the adaptation process. The research entails a comparative approach through the analysis of planning laws in Nigeria and South Africa. It also involves qualitative empirical research into the effectiveness of planning laws as a means of adaptation to climate change. Planning law in Nigeria is very procedural and is limited to physical planning and ordering of the built environment. South Africa, on the other hand, has integrated sustainable development considerations into her planning legislation and it now encompasses spatial planning, integrated development plans, land use management and others. In both countries, however, there seems to be no express integration of climate change into planning laws, especially at the national level of government. The research also examines the legal aspects of climate change adaptation strategies in both countries. It found that in Nigeria in particular, there is no provision for inter-governmental cooperation to facilitate physical planning or climate adaptation action. In the case of South Africa, there is a well-structured intergovernmental collaboration regarding planning and land use management, which gives some consideration to climate change adaptation. However, the structure for cooperation is still being developed as seen in the draft National Adaptation Strategy and the proposed Climate Change Act. There is a need to reevaluate the relevant laws in both countries, with special consideration to the role of planning in adaptation to the adverse impacts of climate change on the natural and built environment.
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Turvey, Jacaranda L. „Germain Grisez's natural law and creation theology as a framework for reflection on climate change and the ecological crisis“. Thesis, University of Chester, 2016. http://hdl.handle.net/10034/620347.
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My thesis is that a recovery of Germain Grisez’s theological ethics in relation to the environment and the application of his conservative Catholic methodology to climate change can yield a novel and significant contribution to Catholic theological reflection on this central challenge in an age of ecological crisis. This thesis argues that climate change and the wider ecological crisis are ‘signs of the times’—and hence are appropriate issues for Catholic theological reflection—both in principle and on the basis of their classification as such within the authoritative teaching of the Church’s magisterium. The scientific evidence for the phenomenon of anthropogenic global warming is robust and the UNFCCC establishes a collective legal obligation to deliver a greenhouse gas abatement strategy rigorous enough to prevent ‘dangerous anthropogenic interference with the earth’s climatic system’. This thesis questions both the assumption of endemic anthropocentricism in the Judeo-Christian tradition and the critical-revisionist methodology adopted by a number of ecotheologians in relation to Vatican teaching on the basis of this assumption. This thesis proposes an alternative approach to reflection on ecological issues employing a conservative Catholic theological method exemplified in the work of Germain Grisez. This thesis proposes a rereading of Grisez’s natural law through the lens of his creation theology that reveals an important and hitherto overlooked resource for environmental ethics. Although Grisez himself does not address the climate challenge in his published work, this thesis shows that his ecological insights are pertinent to the issue and application of his theological method can contribute constructively to the wider project of confronting the climate crisis from a Catholic perspective. This thesis further argues that Grisez’s reconstruction of natural law is viable, in that it represents one philosophically cogent solution to the naturalistic fallacy, and that neither his choice of this solution nor his divergence from Classical Thomism compromise the construction of a ‘Grisez School environmental ethics’. In addition, his natural law has the virtue of catholicity in its capacity to contribute to ecumenical and secular debates necessary to the resolution of the climate crisis.
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Borgias, Sophia Layser. „Law, Scarcity, and Social Movements: Water Governance in Chile's Maipo River Basin“. Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/613576.
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The challenges of water governance in Chile today lie at the confluence of growing water demands, increasing climatic variability, and mounting discontent with neoliberal water policy. These these dynamics coalesce in the Maipo, Chile's most densely populated river basin and seat of the capital city, Santiago. The Maipo River sustains the growing capital city of Santiago, booming agricultural production in the Santiago valley, and hydroelectric generation from the river's swift descent from the Andes. Now, with the population of Santiago exceeding 5 million, a seventh year of drought racking central Chile, and controversial hydropower development sparking mass protests, the stakes of water governance in this critical river basin are higher than ever. Based on in-depth empirical research in the Maipo River basin, this thesis explores how processes of environmental and social change interact with Chile's internationally famous water laws to shape water governance, understood as the set of processes through which actors influence decision-making and conflict resolution related to water resources. Bringing legal geography and political ecology into conversation with water governance literature, I analyze the ways that law, social mobilization, and water scarcity are shaping water governance. In Chapter 1, I analyze the law of river sectioning and the way it influences water use and management practices throughout the Maipo River basin. Chapter 2 explores the Alto Maipo hydropower conflict in the upper basin and demonstrates the important role of social movement actors trying to shift water governance in new directions. Themes from both of these chapters converge in Chapter 3, which examines the struggle over the meaning of water scarcity in the context of increasing attention to drought and climate change. These dynamic socio-environmental processes are considered in relation to each other as integral parts of the ongoing negotiation of water governance. This research aims to insert considerations of social and environmental justice into ongoing policy debates about water governance in Chile to address the conflicts stemming from uneven access to resources and decision-making.
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Olawuyi, Damilola Sunday. „The human rights based approach to climate change mitigation : legal framework for addressing human rights questions in mitigation projects“. Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:ade6153c-9dc9-4250-8fe5-2ad62ef8ddf8.
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Over the last decade, the effects of an unprecedented rise in global temperature due to climate change, on the enjoyment of human rights, especially the right to life, have been subjects of intensive scholarly attention. Gallons of juristic ink have been spilled on the need for States to adopt policy measures aimed at combating climate change. However, recent findings show that policy measures and projects aimed at mitigating climate change are in turn producing even more serious human rights concerns, especially in developing countries. These human rights issues include: mass displacement of citizens from their homes to allow for climate change mitigation projects; lack of participation by citizens in project planning and implementation; citing and concentration of projects in poor and vulnerable communities; lack of governmental accountability on projects and the absence of review and complaint mechanisms for victims to obtain redress for these problems. These secondary human rights impacts of policy measures and projects aimed at mitigating climate change have not received sufficient attention in existing literature. The aim of this research is to examine and analyse the effects of climate change mitigation projects, specifically Clean Development Mechanism (CDM) projects, on the enjoyment of fundamental human rights. It considers how lessons from the approval and execution of CDM projects could inform thoughts on the value and requirements for mainstreaming human rights safeguards into international climate change regimes in general. It analyses the legal and theoretical prospects and paradoxes of adopting the United Nations Human Rights Based Approach (HRBA) as a framework through which human rights standards may be systemically integrated and mainstreamed into extant and emerging international legal regimes on climate change.
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Berggren, Isabelle. „Disappearing island states and human rights. Preservation of statehood and human rights in times of climate change“. Thesis, Umeå universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-158175.
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