Tag Archives: future generations

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment (C. Tracy)

Author

Christopher Tracy

Keywords

NGOs, non-governmental organisations, human rights, environment, dignity, future generations, indigenous right, environmental protection, Rio, legitimacy, international relations

Extract

“Part I of this Article will address the history and development of NGOs. Particular attention will be given to the rationale espoused by various NGOs for their participation in certain global concerns or activities. The connections between human rights and environment NGOs will be discussed, as will the reason for this connection – namely, a “dignity” concern for living human beings, the living plant, those yet to be born and the future of this world. This connection between human rights and environmental organizations is most evident in the protection of indigenous peoples and their traditional lands.

Part II will continue the discussion by examining links between human rights and the environmental in international instruments. Although, there have been numerous connections made in previous human rights and environmental documents, the focus here will be on the developments made in Rio.

Part III will examine the tensions arising out of attempts to prioritize when human rights and environment concerns are to be addressed […]

Part IV will suggest that the NGOs’ diverse participation should continue well into the future before any major prioritization will have to occur. […]

This discussion will conclude with the suggestion that NGO involvement in the international regime will continue to grow and, as it does, a balance must be sought between legitimacy in action and vitality in mission” (pp. 24-25)

Citation

(1994) Journal of International Law and Practice 3 pp. 21-46

Paper

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment

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Our Rights and Obligations to Future Generations for the Environment (E. B. Weiss)

Author(s)

Edith Brown Weiss

Keywords

environmental destruction, desecration, natural resources, future generations, duties, obligations, inter-generational justice

Introduction

We read every day about the desecration of our environment and the mismanagement of our natural resources. We have always had the capacity to wreck the environment on a small or even regional scale. Centuries of irrigation without adequate drainage in ancient times converted large areas of the fertile Tigris-Euphrates valley into barren desert. What is new is that we now have the power to change our global environment irreversibly, with profoundly damaging effects on the robustness and integrity of the planet and the heritage that we pass to future generation.

Citation

(1990) 84 American Journal of International Law 198

Paper

Our Rights and Obligations to Future Generations for the Environment

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The Human Rights System as a Conceptual Framework for Environmental Law (R. S. Pathak)

Author(s)

R.S. Pathak

Keywords

Environmental Rights, Natural Order, Future Generations, Common Concern of Mankind, Indigenous People, Anthropocentrism, Environmental Philosophy, Refugees, International Law, Enforcement Procedures

Excerpt

The fundamental significance of environmental protection in shaping the quality of life of a people was reflected, from the commencement of the second half of this century, in the enacted constitutional law of a large number of countries, which include both developed and developing nations. There is a growing volume of environmental legislation and an increasing number of environmental protection agencies.
And as the gap closes between the developed and the developing countries in regard to the significance of the environmental philosophy, an enlarging consensus has become possible in the adoption of global policies and programmes providing for environmental protection.
Environmental law is concerned with our natural heritage and our cultural heritage. The natural heritage includes the atmosphere, the oceans, plant and animal life, water, soils, and other natural resources, both renewable and exhaustible. Our cultural heritage includes the intellectual, artistic, social, and historical record of mankind. Natural heritage is linked with cultural heritage, the survival, protection, and progress of both being interdependent. Man is the bridge between the two. Cultural heritage is the product and record of human perceptions of the natural order through visual, ethical, or mystical perspectives. It issues from man’s vision of his natural heritage. In turn, the protection and preservation of man’s natural heritage depends on human attitudes emanating from cultural, ethical, and religious beliefs.

Citation

(1992) in Environmental Change and International Law: New Challenges and Dimensions, Edith Brown Weiss ed., Chapter 8 (United Nations University Press: Tokyo)

Paper

The Human Rights System as a Conceptual Framework for Environmental Law

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Human Rights Violations and Climate Change: The Last Days of the Inuit People? (S. Nuffer)

Author

Sarah Nuffer

Keywords

human rights violations, climate change, Inuit, Arctic, vulnerability, responsibility, future generations, United Nations, native groups, indigenous people

Excerpt

INTRODUCTION

The climate is changing. There is little debate left with regard to this statement. However, the world is still grappling with what exactly this change means. The Secretary General of the United Nations, Ban Ki-moon, recently stated that he is “convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations.” 3 Global Climate Change (“GCC”) has the potential to affect the world’s most developed groups, however, the people whose lives will likely be changed most by GCC are those who have “contribute[d] the least to greenhouse emissions.” 4

One of the groups that will be most affected by GCC are the Inuit of the Arctic region. There is a large degree of certainty that the Arctic’s climate is changing and as a result the Inuit people are being forced to change their way of life, their cultural identity, and in some cases, they are being forced to leave their ancestral lands. While the Inuit people must pay the “highest price … [and] are directly threatened by these rapid climatic changes” 5 because of their traditional way of life, they contributed little to GCC. This unfortunate paradigm, that those most affected by GCC are not responsible for its creation, is a theme that runs tragically true for many native people that lead a traditional and near carbon-free life. This Note will explore the effects of GCC on the Inuit people …

Citation

(2010) 37 Rutgers Law Record 182.

Paper

Human Rights Violations and Climate Change: The Last Days of the Inuit People?

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Climate Change and the Regional Human Rights Systems (M. S. Chapman)

Author(s)

Megan Chapman

Keywords

development, future generations, climate change, regional human rights systems

Abstract

In last year’s Climate Law Reporter, Staff Writer Anne Parsons laid out the fundamental case for using a human rights framework to shift the burden for protecting individuals from the negative impact of climate change to the state. The impetus for that piece was the UN Human Rights Commission’s adoption of Religion 7/23. In the last year, with the flurry of preparation for the December 2009 round of UN Framework Convention on Climate Change negotiations in Copenhagen (“UNFCC COP15”), a number of institutions have joined the call for developing the nexus between human rights and climate change. the nexus is meaningful because demonstrating climate change’s numerous negative impacts on human rights, particularly for already vulnerable populations, is a way of measuring the harm. It is also meaningful because it connects this harm to obligations which the state has already undertaken. Thus, it reveals the potential for using developing supranational human rights legal systems to impose a duty on states to prevent further climate change and protect individuals from its negative impacts. This piece aims to briefly explore this latter angle on the human rights – climate change nexus: the likelihood that international human rights bodies, particularly the regional human rights systems, will in the foreseeable future hold states accountable for climate change.

Citation

(2010) 10 Sustainable Development Law and Policy 37.

Paper

Climate Change and the Regional Human Rights Systems

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