Climate Change and Human Rights
An International and Comparative Law Perspective
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers.
This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.
Table of Contents
Introduction, Ottavio Quirico and Mouloud Boumghar Part I: General Framework 1. States, Climate Change and Tripartite Human Rights: the Missing Link, Ottavio Quirico, Jürgen Bröhmer and Marcel Szabó 2. Balancing Human Rights in Climate Policies, Bridget Lewis 3. Human Rights Responsibility of Private Corporations for Climate Change? The State as a Catalyst for Compliance, Anna Riddell Part II: Specific Rights 4. Climate Change and Right to Life: Limits and Potentialities of the Human Rights Protection System, Christine Bakker 5. Climate Change and Interdependent Human Rights to Food, Water and Health: the Contest between Harmony and Invention, Alessandra Franca 6. Waterworld: Climate Change, Statehood and the Right to Self-Determination, Cameron Moore 7. Two-Pronged Right to Development and Climate Change: Reciprocal Implications, Same Varyaudej . 8. Untying the Gordian Knot: towards the Human Right to a Climatically Sustainable Environment?, Francesco Francioni and Ottavio Quirico Part III: Specific Regimes 9. A Double-Edged Sword: Climate Change, Biodiversity and Human Rights, Federico Lenzerini and Erika Piergentili 10. Climate Change, Migration and Human Rights: towards Group-Specific Protection?, Benoit Mayer and Christel Cournil 11. Balancing Human Rights, Climate Change and Foreign Investment Protection, Valentina Vadi 12. Linking Trade and Climate Change: What Room for Human Rights?, Olivier De Schutter Part IV – Institutional Responses 13. Systemic Integration between Climate Change and Human Rights at the United Nations?. Spyridon Aktypis, Emmanuel Decaux and Bronwen Leroy 14. Climate Change and Human Rights in the Asia-Pacific: a Fragmented Approach, Ben Boer 15. A Wider Human Rights Spectrum to Fight Climate Change in Africa?, Faustin Ntoubandi and Roland Adjovi 16. Missing Opportunities to Shed Light on Climate Change in the Inter-American Human Rights Protection System, Mouloud Boumghar 17. European Legal Systems, Climate Change and Human Rights: Paradoxical Inconsistencies in the Jigsaw Puzzle?, Ottavio Quirico 18. Challenging the Human Rights Responsibility of States and Private Corporations for Climate Change in Domestic Jurisdictions, Tineke Lambooy and Hanneke Palm Conclusion, Ottavio Quirico and Mouloud Boumghar
Ottavio Quirico is Senior Lecturer in the School of Law at the University of New England, Australia.
Mouloud Boumghar is Professor in the Faculty of Law at Université de Picardie, France.