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Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
This volume investigates how a justice framework is relevant to the analysis of international law's role in relation to people movement in the climate change context.
The Third Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) has presented strong evidence that human-induced climate change is occurring and that all countries of the world will be affected and need to adapt to impacts. The IPCC points out that many developing countries are particularly vulnerable because of their relatively low adaptive capacity. Therefore it is seen as a development priority to help these countries enhance their adaptive capacity to climate change.The Potsdam Institute for Climate Impact Research and Stratus Consulting organized a workshop in the fall of 2001 to develop an agenda for research on how best to enhance the capacity of developing countri...
This is a key study into whether 'climate change refugees' are protected by international law. It examines the reasons why people do or do not move; how far climate change is a trigger for movement; and whether traditional international responses, such as creating new treaties and new institutions, are appropriate solutions in this context.
This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.
The world has witnessed extraordinary economic growth, poverty reduction and increased life expectancy and population since the end of WWII, but it has occurred at the expense of undermining life support systems on Earth and subjecting future generations to the real risk of destabilising the planet. This timely book exposes and explores this colossal environmental cost and the dangerous position the world is now in. Standing up for a Sustainable World is written by and about key individuals who have not only understood the threats to our planet, but also become witness to them and confronted them.
Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they ar...
This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in