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The Right of Self-Determination in the Context of Climate Change

2020-12-21 Law
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Release : 2020-12-21
Genre : Law
Kind : eBook
Book Rating : 20X/5 ( reviews)

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Book Synopsis The Right of Self-Determination in the Context of Climate Change by : Mara Alin Brinker

Download or read book The Right of Self-Determination in the Context of Climate Change written by Mara Alin Brinker. This book was released on 2020-12-21. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 1,2, University of Heidelberg (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht), course: Master of International Law - Investment, Trade and Arbitration, language: English, abstract: What we only know from films and history, like the history of Atlantis from the ancient times, will become reality in the nearest future. In the South Pacific, one of the greatest inundations in the world's history threats including the loss of territory for various islands and, in the worst case, the loss of a whole Island State - of the low-lying coral atoll island State Kiribati. The question raises if there does not yet exist neither a migration plan nor an answer to the question, what happens with the State Kiribati when it will be inundated. The cause for that phenomenon is one of the very present problems in the world's discussion: the Climate Change. "Climate Change is one of the greatest challenges of our time, and climate-effected hazards have direct and irreversible consequences on people, property, business, financial systems, and state institutions worldwide." However, the phenomenon of the Climate Change is well-known nowadays, and material for discussion, the International Law offers only a few approaches and rarely solutions for the urgent threat. In this particular research project, it will be tried to resolve the question, how to define a State without territory if the territory will be inundated.

State Responsibility, Climate Change and Human Rights under International Law

2019-03-21 Law
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Release : 2019-03-21
Genre : Law
Kind : eBook
Book Rating : 450/5 ( reviews)

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Book Synopsis State Responsibility, Climate Change and Human Rights under International Law by : Margaretha Wewerinke-Singh

Download or read book State Responsibility, Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh. This book was released on 2019-03-21. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Climate Change and Human Rights

2015-09-07 Law
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Release : 2015-09-07
Genre : Law
Kind : eBook
Book Rating : 679/5 ( reviews)

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Book Synopsis Climate Change and Human Rights by : Ottavio Quirico

Download or read book Climate Change and Human Rights written by Ottavio Quirico. This book was released on 2015-09-07. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights and Climate Change

2011-01-17 Law
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Release : 2011-01-17
Genre : Law
Kind : eBook
Book Rating : 695/5 ( reviews)

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Book Synopsis Human Rights and Climate Change by : Julia Neumann

Download or read book Human Rights and Climate Change written by Julia Neumann. This book was released on 2011-01-17. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland (Law Faculty), course: Climate Change Law, language: English, abstract: This paper deals with the linkage of international human rights and climate change. It focuses on the approach to deduce legal claims in the form of compensations and concrete measures from international human rights in the course of impairments through climate change. This paper shall give a short overview on the issue climate change in general, including its causes, effects and the current political strategies. It furthermore provides a synopsis on how human rights are impaired by global warming and climate change effects. Unfortunately, this essay will come to the conclusion that the international human rights approach struggles with functioning as a solitary legal basis in that context and with stepping beyond the just moral implication. Human rights’ legislative potential rather lies 'in the development of more encompassing and more inclusive legal and political strategies. Human rights may advisably be instrumentalized to strengthen political debates and be used as an incitement to set up enforceable and balanced agreements on reasonable measures of equalization and support.

Human Rights Approaches to Climate Change

2015-10-16 Law
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Release : 2015-10-16
Genre : Law
Kind : eBook
Book Rating : 613/5 ( reviews)

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Book Synopsis Human Rights Approaches to Climate Change by : Sumudu Atapattu

Download or read book Human Rights Approaches to Climate Change written by Sumudu Atapattu. This book was released on 2015-10-16. Available in PDF, EPUB and Kindle. Book excerpt: Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

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