Tag Archives: human rights and climate change

A Greener Revolution: Using the Right to Food As a Political Weapon Against Climate Change (G. F. Dumas)

Author(s)

Graham Frederick Dumas

Keywords

Right to Food, Economic and Social Rights, Climate Change, Human Rights and Climate Change

Abstract

This paper discusses the use of human rights, specifically the right to food, as tools for political leverage to encourage states to act on climate change. The right to food is especially appropriate because of the direct impacts it suffers from climate change; as the climate shifts, much scientific research suggests that food production will incur certain deleterious effects. Yet, as the example of India shows, the right to food has been difficult to adjudicate in the past. Indeed, despite favorable caselaw from India’s Supreme Court, and despite an intensive Court-run program designed to force Indian states to distribute food according to the welfare schemes in place, little progress has been made. This is due in part to the unwillingness or inability of the political branches of government to ensure food security to certain segments of the population. At the same time, Brazil has shown a marked improvement in the implementation of the right to food; it has done so well, in fact, that the FAO has held up Brazil as a model for other states. Much of Brazil’s success on the right to food comes from the fact that the program is almost entirely political, rather than judicial. Indeed, buy-in from the political branches of government is arguably the essential component of a successful program to ensure less-justiciable rights like the right to food. For that reason, I suggest that the connection between climate change and the right to food be used by domestic and international activists to increase political pressure on the governments of large, greenhouse-gas-producing states, in an effort to make some of the costs of inaction visible to politicians through the ballot box and the media. Such campaigns are not perfect, and they should not be used to the exclusion of court-focused activism; they should, however, be the backbone of a comprehensive assault on the political status quo regarding climate change.

Citation

(2010) 43 New York University Journal of International Law and Politics 107.

Paper

A Greener Revolution: Using the Right to Food As a Political Weapon Against Climate Change

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Diego Garcia: British-American legal black hole in the Indian Ocean (P.H. Sand)

Author

Peter H Sand

Keywords

Chagos Islands; climate change; environmental protection; human rights; international environmental law; pollution; state responsibility; Great Britain (BIOT); United States.

Abstract

Reflects on how the use of a legal “black hole” strategy by the UK and US Governments has permitted them to avoid accountability for environmental risks arising from US military activity on Diego Garcia. Reviews the arguments used to support the view that international environmental laws do not apply there in relation to damages arising from coral mining, nuclearisation and fuel spills, and notes their extension to human rights issues. Criticises the strategy and examines the potential impact of climate change on the island, including the implications for future resettlement.

Citation

(2009) 21(1) Journal of Environmental Law, 113-137.

Paper

Diego Garcia: British-American legal black hole in the Indian Ocean

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Climate Change and Human Rights: Unpacking the Issues (D. Bodansky)

Author

Daniel Bodansky

Keywords

Global warming, human right, climate change

Abstract

This symposium issue of the Georgia Journal of International and Comparative Law represents an important contribution to the emerging scholarship on climate change and humanrights, with articles by leading experts from around the country. Keynote speaker Professor Thomas Pogge, a professor of philosophy and international affairs at Yale University , considers the broad implications of climate change for human rights in the context of world poverty. Marc Limon, Counselor of the Permanent Mission of the Repulic of the Maldives to the UN office in Geneva, examines the treatment of the subject within the United Nations system. Professor Naomi Roht-Arriaza of the University of California Hastings Law School considers the human rights implications of measures undertaken by states in response to climate change. University of Oregon School of Law Professor Svitlana Kravchenko focuses on procedural rights concerning access to information and public participation. Professor Rebecca Bratspies of the City University of New York School of Law looks at the role of human rights norms in domestic regulatory decision-making. Finally, Edward Cameron examines the development of a human rights-based approach to addressing climate change, assessing the usefulness of such an approach in shaping effective policy responses and informing economic development. In this brief introductory essay, I seek to map out the overarching distinctions and questions, in order to frame the more detailed studies that follow.

Citation

(2010) 38 Georgia Journal of International and Comparative Law 511

Paper

Climate Change and Human Rights: Unpacking the Issues

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Human Rights and Climate Change: Constructing a Case for Political Action (M. Limon)

Author

Marc Limon

Keywords

Climate change, human rights, United Nations Human Rights Council, global climate change responses

Abstract

This Article will look at the implications of United Nations Human Rights Council’s Resolution 7/23 on human rights and climate change, particularly in relation to global climate change responses. The Article will argue that the application of human rights principles and norms can bring a range of benefits to international and national efforts to respond to global warming, and that the obstacles to doing so are mainly practical difficulties, related in particular to the entrenched “path dependence” of the two policy areas. This Article will also turn this premise to suggest ways in which the issue of climate change could or should affect international human rights policy. In particular, it will argue that the issue of climate change points to the need for a reconceptualization of human rights, and suggests the need for a reconsideration of the utility of environmental rights. The Article mainly reflects the views of a political rather than a legal practitioner, although these views are necessarily embedded in law.

Citation

(2009) 33 Harvard Environmental Law Review 439

Paper

Human Rights and Climate Change: Constructing a Case for Political Action

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