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State Responsibility, Climate Change and Human Rights under International Law

By: Margaretha Wewerinke-Singh
Media of State Responsibility, Climate Change and Human Rights under International Law
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Published: 21-03-2019
Format: Hardback
Edition: 1st
Extent: 216
ISBN: 9781509918447
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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Loren Epson

About State Responsibility, Climate Change and Human Rights under International Law

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.

Table Of Contents

1. Introduction
Introduction: Climate Change as a Human Rights Issue
Climate Change, Human Rights and State Responsibility
The Science
2. International Human Rights Law
Sources of International Human Rights Law
The International Human Rights System
Territorial and Personal Scope of International Human Rights Treaties
3. International Climate Change Law
The UN Framework Convention on Climate Change
4. The Law of State Responsibility
The Law of State Responsibility
State Responsibility and International Human Rights Law
State Responsibility and the Climate Change Regime
5. Integrating Legal Frameworks in a Context of Fragmentation
The Work of the International Law Commission on Fragmentation
The Special Characteristics of Human Rights Law as a Central Part of a Holistic Legal Framework
Exploiting Synergies between International Human Rights Law and International Climate Change Law

6. Attributing Climate Change-Related Conduct to States
The Rules on Attribution
Responsibility and Involvement of Multiple States
7. Establishing Violations of Human Rights Affected by Climate Change
The Right of Self-determination
The Right to Life
The Right to Enjoy One's Culture
The Right to the Highest Attainable Standard of Health
Conflict between Rights
8. Remedies for Climate Change-Related Human Rights Violations
Cessation of Wrongful Conduct and Guarantees of Non-repetition
Duty to Make Reparations
Invocation of Responsibility
9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals
Domestic Courts
National Human Rights Institutions
Regional Human Rights Bodies
The United Nations Human Rights Council
United Nations Human Rights Treaty Bodies
The International Court of Justice
10. Conclusion

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