Tag Archives: human rights law

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing (L. Parks and E. Morgera)

Authors

Louisa Parks and Elisa Morgera

Keywords

benefit-sharing, international law, environmental law, human rights law, human rights, oceans law, regulation, national law, regional law, indigenous peoples, local communities, norm diffusion, scholarship, conservation, sustainability, natural resources, power asymmetry

Abstract

No systematic study discusses the evolution of fair and equitable benefit-sharing across various areas of international law (environment, human rights, oceans), as well as at different levels of regulation (regional and national laws and guidelines, private law contracts, transboundary codes of conduct, customary laws of indigenous peoples and local communities). This article explores the usefulness of an interdisciplinary approach to the study of norm diffusion for understanding how and why fair and equitable benefit-sharing is articulated in different sites. The article discusses mechanisms, actors and frames in norm diffusion, drawing on literature from sociology, international relations and law. The article uncovers underlying similarities in scholarship on norm diffusion across the disciplines considered. It also reflects on the value of an interdisciplinary approach that encourages legal scholars to consider the implications of power structures in the diffusion of law, while the nuances of legal knowledge may lead other social scientists to revisit accepted findings on norm diffusion. These findings appear particularly useful for informing an assessment of the potential of fair and equitable benefit-sharing to promote the conservation and sustainable use of natural resources in a fair and equitable manner in the face of power asymmetries.

Citation

(2015) 24:3 Review of European, Comparative and International Environmental Law 353-367

Paper

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing

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Human Rights and the Environment: The Need for International Co-operation (W. Gormley)

Author(s)

W. Paul Gormley

Keywords

human right to decent and safe environment, legal obligations, international community, human rights norms

Abstract

None available

Citation

(1976) Sijthoff

Paper

Human Rights and the Environment: The Need for International Co-operation

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Climate Change and human Rights: Amicable or Arrested Development? (O. W. Pedersen)

Author(s)

Ole W. Pedersen

Keywords

Human Rights Law, Climate Change, Domestic Law, International Law

Abstract

This article considers the attention which is increasingly afforded to human rights norms in the attempt to highlight the challenges facing humankind as a result of climate change. It analyses the links between legal responses to climate change and human rights and argues that certain connections exist between the two. This is particularly the case in domestic settings. At the same time, a number of significant limitations exist which are likely to hamper the use of human rights law in climate change settings.

Citation

(2010) 1 Journal of Human Rights and the Environment 236

Paper

Climate Change and human Rights: Amicable or Arrested Development?

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Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law (M. J. Hall and D. C. Weiss)

Author(s)

Margaux J. Hall and David C. Weiss

Keywords

developing countries, United Nations, global warming, impacts of climate change, poverty, adaptation, climate consequences, human rights law, culpability

Abstract

There is now little doubt that humans will be forced to adapt to the impacts of a warming world. There is also little doubt that the poorest people in the poorest countries will bear most of the burden of adapting to climate consequences they had almost no role in creating. As the United Nations Development Programme (UNDP) has explained, “In the Netherlands, people are investing in homes that can float on water. The Swiss Alpine ski industry is investing in artificial snow-making machines,” but “[i]n the Horn of Africa, ‘adaptation’ means that women and young girls walk further to collect water.” In the Ganges and Mekong Deltas, “people are erecting bamboo flood shelters on stilts” and “planting mangroves to protect themselves against storm surges.” A final adaptation strategy in the Mekong? “[W]omen and children are being taught to swim.”

Despite these sobering realities, the question of whether climate change implicates human rights law at all has been relatively unexplored until recently. In 2007, for example, the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC)—the primary report from the United Nations-chartered body responsible for reviewing and assessing information on climate change—scarcely mentioned human rights in nearly 3,000 pages of analysis. However, multiple actors have begun to close this analytical gap: small island states and indigenous populations have claimed in a variety of international fora that climate change has threatened the human rights of their people; an increasing number of academic commentators have worked to explain how climate change issues implicate human rights law; and in 2009, the Office of the High Commissioner for Human Rights (OHCHR) issued the first UN report addressing the links between climate change and human rights.

The increasing incorporation of human rights law in climate change analysis is important, and the efforts to link climate change and human rights law have shifted from asking whether there is such a connection to examining the implications of the relationship. This recognition that climate change implicates human rights is significant because it provides a tangible legal framework for analyzing state actions that lead to climate change. Indeed, because the primary blame for climate change lies with the developed states that have caused the problem, and because human rights analyses are typically centered on state action, human rights provides a lens through which to analyze developed countries’ culpability.

Citation

(2012) 37 Yale Journal of International Law 309.

Paper

Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law

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The Right to a Healthy Environment, Human Rights and Sustainable Development (S. Giorgetta)

Author(s)

Sueli Giorgetta

Keywords

sustainable development, environmental preservation, rights of present and future generations, human rights, right to a healthy environment, international law, procedural rights, public participation, human rights law, international law

Abstract

The concept of sustainable development is presented as a solution able to cope with development needs and the preservation of the environment, protecting it for present and future generations. The right to a healthy environment may be part of existing international law being implemented through human rights instruments. The procedural aspect of the right to a healthy environment embodies the right to information, the right to participate and the right to effective remedies. Participation in the decision-making process and available and effective means of redress are essential features of the right to a healthy environment. Expressed in the field of human rights law, these principles convey the notions that citizens are entitle to participate. The Aarhus Convention links environmental protection and human rights norms and is the first international legally binding instrument elaborating on Principle 10 of the Rio Declaration and recognizing the right to a healthy environment.

Citation

(2002) 2 International Environmental Agreements: Politics, Law and Economics 173

Paper

The Right to a Healthy Environment, Human Rights and Sustainable
Development

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