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Vol 24 No 8 Aug/Sept 2019

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Cover of Fisher and Lightwood's Law of Mortgage

Fisher and Lightwood's Law of Mortgage

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State Responsibility, Climate Change and Human Rights under International Law (eBook)


ISBN13: 9781509918454
Published: March 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £63.00 + £12.60 VAT
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The last decade has witnessed an increasing focus on the impact of climate change on the enjoyment of human rights.

Several international human rights bodies have now recognised the negative implications of climate change for the enjoyment of the rights to life, food, health, housing and self-determination, among others, and regularly call on states to ensure the participation of women, indigenous peoples and other vulnerable groups in climate change-related actions.

Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for actions related to climate change.

While accountability is central to human rights law and practice, in the context of climate change it has been undermined by a lack of clarity regarding a series of legal and practical questions. Other pressing questions are the relationship between international human rights law and the UNFCCC regime, and to what extent human rights bodies are competent to deal with cases related to climate change.

This book offers a timely and comprehensive analysis of the issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime.

Subjects:
Human Rights and Civil Liberties, Environmental Law, eBooks
Contents:
PART I
LEGAL AND CONCEPTUAL FOUNDATIONS
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
Interpretation
Territorial and Personal Scope of International Human Rights Treaties
3. International Climate Change Law
Introduction
The UN Framework Convention on Climate Change
Conclusion
4. The Law of State Responsibility
Introduction
The Law of State Responsibility
State Responsibility and International Human Rights Law
State Responsibility and the Climate Change Regime
Conclusion
5. Integrating Legal Frameworks in a Context of Fragmentation
Introduction
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
Conclusion

PART II
STATE RESPONSIBILITY AND REMEDIES FOR VIOLATIONS
6. Attributing Climate Change-Related Conduct to States
Introduction
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
Conclusion
8. Remedies for Climate Change-Related Human Rights Violations
Introduction
Cessation of Wrongful Conduct and Guarantees of Non-repetition
Duty to Make Reparations
Invocation of Responsibility
Conclusion
9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals
Introduction
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
Conclusion
10. Conclusion