Human Rights and Climate Change

International Human Rights as an Instrument for Measures of Equalization?

Masterarbeit , 2010 , 36 Seiten , Note: B+

Jura - Andere Rechtssysteme, Rechtsvergleichung

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.

Inhaltsverzeichnis (Table of Contents)

• Chapter 1
  • Introduction
  • The Global Warming and its Causes
  • Effects and Consequences
  • Copenhagen's 2 Degree Goal
• Chapter 2
  • Climate Change as a Legal Matter
  • Human Rights Implications of Climate Change
  • Human Rights
    • The Human Rights System
    • Specific International Human Rights in the Context of Climate Change
      • The Right to Life
      • The Right to Food
      • The Right to Water
      • The Right to Adequate Housing
      • The Right to Health
      • The Right to Self-Determination, and Indigenous Rights
      • The Right to Information, Participation, and Access to Decision Making
    • Human Rights-based Cases on Environmental Issues
      • Lopez Ostra v Spain
      • Oneryildiz v Turkey
      • Budayeva v Russia
      • Hungary v Slovakia
• Chapter 3
  • Systematic Analysis of the Human Rights Approach
  • Criticism and Evaluation on the International Human Rights Approach
    • Legally Protected Goods and Legal Norms
    • Violating Actions
    • Causation and Accountability
    • Compensation, Sentences, and Remedies
    • General Criticism on the International Human Rights Approach
  • Alternative or Additional Approach: The 1951 United Nations Convention Relating to the Status of Refugees
• Chapter 4
  • Conclusion
    • Conclusion on the International Human Rights Approach - Synopsis of the Summarized Criticisms and Potentials
    • Mutual Measures of Equalization and Non-Claim-Based Remedies

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the intersection of international human rights law and climate change. It focuses on the feasibility of utilizing international human rights law to establish legal claims for compensation and specific measures in the face of climate change-induced harm. The paper presents a brief overview of climate change, its causes, effects, and existing political strategies. It also explores how global warming and climate change impacts human rights. The key themes addressed in this paper are:

• The relationship between human rights and climate change
• The potential and limitations of international human rights law in addressing climate change impacts
• The need for comprehensive and inclusive legal and political strategies to address climate change
• The role of human rights in advocating for equitable measures and support
• The importance of international cooperation and collaboration in addressing climate change challenges

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter 1: Introduction

Chapter 1 introduces the topic of climate change and its growing significance, highlighting its diverse ecological, economic, and social impacts. The chapter also discusses the increasing recognition of the link between climate change and human rights, particularly since 2005. It emphasizes the growing concern among communities, vulnerable states, indigenous groups, and non-governmental organizations about the human rights implications of climate change.

Chapter 2: Climate Change as a Legal Matter

Chapter 2 delves into the legal ramifications of climate change, specifically focusing on its implications for international human rights law. It examines the human rights system and specific international human rights that are affected by climate change, including the right to life, the right to food, the right to water, the right to adequate housing, the right to health, the right to self-determination, and the right to information, participation, and access to decision-making. This chapter also discusses relevant legal cases that illustrate the intersection of human rights and environmental issues, such as Lopez Ostra v Spain, Oneryildiz v Turkey, Budayeva v Russia, and Hungary v Slovakia.

Chapter 3: Systematic Analysis of the Human Rights Approach

Chapter 3 provides a systematic analysis of the international human rights approach to addressing climate change. This chapter critically examines the legal and practical challenges associated with utilizing human rights law to address climate change impacts, including issues related to legally protected goods, violating actions, causation and accountability, compensation, sentences, and remedies. It also presents an overview of the general criticisms directed at the international human rights approach in this context.

Chapter 4: Conclusion

Chapter 4 presents the conclusions drawn from the paper's analysis, focusing on the strengths and weaknesses of the international human rights approach in addressing climate change. It emphasizes the need for more encompassing and inclusive legal and political strategies to effectively address the issue. The chapter also highlights the potential of human rights in promoting political debates and facilitating the development of enforceable and balanced agreements on equitable measures and support.

Schlüsselwörter (Keywords)

This paper examines the intersection of international human rights law and climate change, exploring the potential and limitations of human rights as an instrument for addressing climate change impacts. It delves into key concepts such as legally protected goods, violating actions, causation and accountability, compensation, and remedies within the framework of international human rights law. It also highlights the need for comprehensive and inclusive legal and political strategies, including equitable measures and support, to address the challenges posed by climate change. Key themes explored in the paper include human rights implications of climate change, the human rights system, international cooperation, and the importance of collaboration in mitigating the effects of climate change.

• Hochschule: University of Auckland (Law Faculty)
• Veranstaltung: Climate Change Law
• Note: B+
• Autor: Julia Neumann (Autor:in)
• Erscheinungsjahr: 2010
• Seiten: 36
• Katalognummer: V164748
• ISBN (eBook): 9783640801695
• ISBN (Buch): 9783640801381
• Sprache: Englisch
• Schlagworte: Climate Change, Menschenrechte