Tag Archives: climate change law

A Global Environmental Right (S. J. Turner)

Author

Stephen J. Turner

Keywords

Environmental Rights, Global Environmental Governance, Constitutional Law, Company Law, Trade Law, Non-State Actors, Climate Change Law

Abstract

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits.

Citation

(2014) A Global Environmental Right. Earthscan by Routledge.

Book

A Global Environmental Right

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Climate Change Displacement to Refuge (E. Burleson)

Author

Elizabeth Burleson

Keywords

Migration, climate change law, human rights, refugees

Abstract

Migration is one of the oldest coping strategies for dealing with environmental change. International climate negotiations have focused on such complex issues as mitigation, adaptation, environmentally sound technology transfer, and financial mechanisms. Calling for the humanitarian impacts of climatechange to be addressed, eighteen aid organizations have formed the Inter-Agency Standing Committee to advocate for the coordination of human rights and climatechange law and policy. The Norwegian Refugee Council notes that “[m]ore than 20 million people have been displaced by climate-related sudden-onset natural disasters in 2008 alone.”Member states to the U.N. Convention on ClimateChange (UNFCCC) have committed to draft an agreement to address post-Kyoto Protocol commitments under the UNFCCC and an array of climate-related concerns. Beyond mitigation, adaptation, technology, and funding, other crosscutting climate issues continue to challenge the international community. The demographics, economies, and geographic features of given countries impact their priorities in the ongoing negotiations. Irrespective of the likely impacts of climatechange, everyone has a vested interest in maintaining international peace and security. Migration is a factor that the U.N. Security Council regularly uses to determine whether a situation constitutes a threat to international peace and security. Regardless of the means by which agreement is reached, adaptation to climate change should be implemented as soon as possible.
This Essay analyzes the interaction between international human rights law and climate change law. Part II discusses climate-induced migration, human rights law, and refugee status. Part III considers the role of the Security Council in climate-induced insecurity. Part IV concludes that maintaining international peace and security requires timely codification of climate measures that address ecomigration.

Citation

(2010) 25 Journal of Environmental Law and Litigation 19

Paper

Climate Change Displacement to Refuge

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