Tag Archives: global climate change

Human Rights and the Environment: Where Next? (A. Boyle)

Author(s)

Alan Boyle

Keywords

environmental protection, international law, UNHRC, human rights law, procedural rights, mechanisms, extra-territorial application, transboundary pollution, global climate change

Abstract

The relationship between human rights and environmental protection in international law is far from simple or straightforward. A new attempt to codify and develop international law on this subject was initiated by the UNHRC in 2011. What can it say that is new or that develops the existing corpus of human rights law? Three obvious possibilities are explored in this article. First, procedural rights are the most important environmental addition to human rights law since the 1992 Rio Declaration on Environment and Development. Any attempt to codify the law on human rights and the environment would necessarily have to take this development into account. Secondly, a declaration or protocol could be an appropriate mechanism for articulating in some form the still controversial notion of a right to a decent environment. Thirdly, the difficult issue of extra-territorial application of existing human rights treaties to transboundary pollution and global climate change remains unresolved. The article concludes that the response of human rights law – if it is to have one – needs to be in global terms, treating the global environment and climate as the common concern of humanity.

Citation

(2012) 23 The European Journal of International Law 613

Paper

Human Rights and the Environment: Where Next?

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Global Climate Change: Can Human Rights (and Human Beings) Survive this Onslaught? (S. Atapattu)

Author(s)

Sumudu Atapattu

Keywords

global climate change, consequences, environmental protection, human health, human rights, international law, mitigation, adaptation

Abstract

The fact that global climate change is occurring is no longer seriously debated; rather, the discussion now focuses on the range and severity of its consequences. These consequences extend beyond harm to the natural environment and human health and implicate the whole range of human rights recognized under international law – civil, political, economic, social, and cultural. The international community must not only find a legal solution to this problem within existing structures of governance, but must also adapt the very structures of international law in order to address such a pervasive and truly global problem which now requires the adoption of both mitigation and adaptation strategies. The response of the international community thus far has been inadequate …

Citation

(2008) 20 Colorado Journal of International Environmental Law 35.

Paper

Global Climate Change: Can Human Rights (and Human Beings)
Survive this Onslaught?

 

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Costs, Benefits, Malthus’s Mistake (C.M. Pease)

Author

Craig M. Pease (Vermont Law School, USA)

Keywords

Copenhagen , Thomas Malthus, global climate change, Gregory Clark, mitigation, adaptation

Abstract

Our political and legal institutions have considerable experience managing small scale biological processes, and less experience with global scale geologic and meteorological processes. Importantly, biological systems tend to stasis. Geological systems often do not. The human population is now so large that it is bumping against geological limits, including harmful atmospheric carbon dioxide levels and depleted fossil fuel reserves and groundwater supplies.

Citation

Environmental Forum, Forthcoming / Vermont Law School Research Paper No. 10-31

Paper

Costs, Benefits, Malthus’s Mistake

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Trampling the Public Trust (D.L. Donahue)

Author

Debra L. Donahue

Keywords

Livestock, Global climate change, United States , Ecosystem restoration

Abstract

Livestock production is a chief contributor to many significant and intractable environmental problems. This Article examines the causal role of livestock (especially beef) production in global climate change, predator control in the western United States , and winter elk feeding in Wyoming . It argues that ending livestock grazing on western public lands is a cost effective first step for dealing with these problems and is readily achievable under existing law. Removing livestock would lead to improved watershed conditions and make reintroduction of predators politically feasible, which would promote further recovery of landscapes impacted by native ungulate populations. Ending public-land grazing would facilitate the closure of (arguably unlawful) elk feedgrounds, which contribute to unnaturally high elf populations and promote the spread of diseases. Closing the feedgrounds would improve conditions on these sites and slow the spread of disease. Collectively, these measures would promote ecosystem restoration, which would enhance prospects for coping with climate change.

Citation

(2010) 37 BostonCollege Environmental Affairs Law Review 257-316

Paper

Trampling the Public Trust

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Multilevel Governance of Global Environmental Change (G. Winter)

Editor

Gerd Winter (Universität Bremen)

Keywords

Earth System Analysis, global climate change, global environmental change, global environmental governance, green civil society, self-regulation, industry, law, private authority, global governance, transnational corporations, international environmental law, transboundary corporate responsibility, USA, transnational bureaucracy networks, EU, post-Communist states, multilateral environmental agreements, compliance continuum, regulatory competition, developing countries, policy instrument innovation, sovereignty, environmental liability, environmental principles

Abstract

Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of ‘multilevel’ institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.

• Examines the highly topical issue of the impact of institutions on climate change • Unique combination of a holistic and interdisciplinary approach • Written by an international team of researchers from Europe, the USA, Canada, and India

Citation

Gerd Winter (ed), Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law (CUP, 2010)

Book

Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law

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