natural environment, human rights, basic rights, natural ecosystems, environmental rights, United Nations, Draft Declaration of Principles on Human Rights and the Environment
A vital connection exists between the natural environment and fundamental human rights. Basic survival of the human species is inherently linked to the healthy functioning of natural ecosystems, from which the essential components of daily life are directly and indirectly derived. The linkage between the environment and human rights has been recognized internationally in numerous human rights instruments. It formed the basis of a United Nations (“UN”) sub-commission study on human rights and the environment in the early 1990s. The UN Special Rapporteur submitted her final report in 1994. Appended to her report was a Draft Declaration of Principles on Human Rights and the Environment (“the Draft Declaration”).
Despite these efforts, and seemingly widespread recognition of the connection between human rights and the environment, formal recognition of “environmental rights” on a global level remains elusive. While the concept still generates occasional debate in international legal and political spheres, the Draft Declaration, which was designed to comprehensively address the environmental dimensions of human rights, has all but disappeared from the human rights agenda. The reasons for this are unclear.
This examination begins with a contextual overview of environmental rights. The paper continues with an outline of the history and current status of the Draft Declaration, followed by a general analysis of the document. The paper explores arguments advanced by both supporters and critics of the rights-based approach, and briefly discusses two …
(2003) 9 Appeal: Review of Current Law and Law Reform 45
Greening the International Human Rights Sphere? Environmental Rights and the Draft Declaration of Principles on Human Rights and the Environment
human rights, biodiversity law, climate change, livelihood, ecosystems, mitigation, adaptation, international law, international biodiversity regime, international climate change regime, implementation
This chapter provides a systematic analysis of the ways in which international biodiversity law contributes to the fight against climate change by assessing and preventing the negative impacts on biodiversity and community livelihoods of measures to address climate change (‘response measures’), and adopting the ecosystem approach to climate change mitigation and adaptation. In highlighting readily available legal avenues for ensuring the mutual supportiveness of the international biodiversity regime and the international climate change regime, the chapter argues that positive interaction between the two regimes can promote a human rights-based approach to the development of the international climate change regime and its implementation at the national level.
(2013) 21 IUS Gentium 359
No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law
ecofeminism, green economy, payment for ecosystem services, ecosystems, environment, capitalism, free market, economics, REDDES, REDD+, UNFCCC, ITTO, forests, natural resources, gender, participation
Using an ecofeminist critical analysis, this paper examines the extent to which two forest-related ‘payments for ecosystem services’ (PES) schemes maintain a mainstream anti-nature and exploitative conceptualization of human/nature relationships. It does so by integrating various ecofeminist themes to analyse the two PES schemes and to assess the extent to which they can protect women and nature while marketizing and commodifying the environment. The author examines the justifications for integrating PES into a green economy, including the proposed benefits resulting from the implementation of PES, and safeguards ensuring the inclusion and participation of local communities. The author concludes that an ecofeminist examination highlights the inherently exploitative nature of PES and its continuation of the currently exploitative free market paradigm.
(2014) 5/2 Journal of Human Rights and the Environment 168-191
Payment for ‘ecosystem services’ and the ‘green economy’: green-washing or something new?