Human rights and climate change : a review of the international legal dimensions / Siobhan McInerney-Lankford, Mac Darrow, and Lavanya Rajamani.
2011
K3585.5 .M37 2011 (Map It)
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Title
Human rights and climate change : a review of the international legal dimensions / Siobhan McInerney-Lankford, Mac Darrow, and Lavanya Rajamani.
Published
Washington, D.C. : World Bank, [2011]
Copyright
©2011
Call Number
K3585.5 .M37 2011
ISBN
9780821387207 (alk. paper)
0821387200 (alk. paper)
0821387200 (alk. paper)
Description
xii, 145 pages ; 26 cm
System Control No.
(OCoLC)696318456
Bibliography, etc. Note
Includes bibliographical references (pages 66-93).
Record Appears in
Added Author
Added Corporate Author
Table of Contents
Foreword
v
Abstract
vii
Acknowledgments
ix
Abbreviations
xi
ch. I
Introduction
1
Climate Change: A Defining Human Development Challenge for the 21st Century
1
The International Climate Change Regime
2
The International Human Rights Regime
4
Linking Climate Impacts and Human Rights
8
ch. II
Human Rights Impacts of Climate Change: A Survey of Illustrative Examples
11
Climate Change threatens the right to life
12
Climate Change threatens the right to adequate food
14
Climate Change threatens the right to health
15
Climate Change threatens the right to water
16
Climate Change threatens the right to adequate housing
17
Climate Change may affect the realization of a range of other human rights
18
ch. III
International Environmental Law & Human Rights Law: Basic Concepts
20
Sources of International Law
20
(a).
Treaties
21
(b).
Customary International Law
21
(c).
Peremptory Norms of Jus Cogens and Obligations Erga Omnes
22
(d).
General Principles of International Law
25
(e).
Conclusions on Sources of International Law
26
Public International Law Approaches and Beyond: Human Rights vs. "Human Rights Approaches"
27
ch. IV
Application of Human Rights Law to Climate Change
29
General Relevance of Human Rights to the Climate Change Debate
29
Lessons from "Environmental Human Rights Jurisprudence"
31
(a).
Duties to regulate private as well as state actions
31
(b).
Procedural and Substantive Standards
32
Environmental Rights: A "Human Right to a Healthy Environment"
36
Applying Environmental Human Rights Law to Climate Change
39
Concluding Comments
43
ch. V
UNFCCC, Kyoto Protocol and Human Rights Frameworks: Complementarities & Challenges
45
Introduction
45
"Do no harm:" A Core Obligation Common to MEAs and Human Rights
45
The Principle (or Duty) of International Cooperation
47
Equity & "Common But Differentiated Responsibility"
49
(a).
Accommodating diversity: differential treatment
50
(b).
Common But Differentiated Responsibility
52
(c).
"Polluter pays" principle
53
(d).
Conclusions on human rights, equity and "Common But Differentiated Responsibility"
53
Conclusions on Complementarities and Tensions
85
ch. VI
Potential Operational Implications & Areas for Further Research
55
A Frame for Policy Choices
55
(a).
A Normative Focus on Human Welfare
56
(b).
Procedural human rights standards - improving decision-making processes
56
(c).
Substantive human rights standards - a focus on outcomes
57
Strengthening Legal Accountability
58
Quantitative Assessments of Human Rights Performance
59
Engaging the Private Sector
60
Technology Access and Transfer
61
A New International Instrument on Climate Change Displacement?
63
ch. VII
List Of References
66
Annex I
Key Impacts
94
Annex II
Parties To Human Rights And Climate Treaties
95
Notes
100