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Human Rights Approaches to Climate Change

Human Rights Approaches to Climate Change Author Sumudu Atapattu
ISBN-10 9781317910602
Release 2015-10-16
Pages 348
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Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.



Climate Change Migration and Human Rights

Climate Change  Migration and Human Rights Author Dimitra Manou
ISBN-10 9781317222330
Release 2017-05-12
Pages 268
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Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.



A Critical Approach to Climate Change Adaptation

A Critical Approach to Climate Change Adaptation Author Silja Klepp
ISBN-10 9781351677127
Release 2018-05-20
Pages 302
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This edited volume brings together critical research on climate change adaptation discourses, policies, and practices from a multi-disciplinary perspective. Drawing on examples from countries including Colombia, Mexico, Canada, Germany, Russia, Tanzania, Indonesia, and the Pacific Islands, the chapters describe how adaptation measures are interpreted, transformed, and implemented at grassroots level and how these measures are changing or interfering with power relations, legal pluralismm and local (ecological) knowledge. As a whole, the book challenges established perspectives of climate change adaptation by taking into account issues of cultural diversity, environmental justicem and human rights, as well as feminist or intersectional approaches. This innovative approach allows for analyses of the new configurations of knowledge and power that are evolving in the name of climate change adaptation. This volume will be of great interest to students and scholars of climate change, environmental law and policy, and environmental sociology, and to policymakers and practitioners working in the field of climate change adaptation.



Routledge Handbook of Human Rights and Climate Governance

Routledge Handbook of Human Rights and Climate Governance Author Sébastien Duyck
ISBN-10 9781315312552
Release 2018-02-15
Pages 430
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Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.



Routledge Handbook of International Environmental Law

Routledge Handbook of International Environmental Law Author Shawkat Alam
ISBN-10 9780415687171
Release 2013
Pages 821
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The Routledge Handbook of International Environmental Law is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL). The Handbook features specially commissioned papers by leading experts in the field of international environmental law, drawn from a range of both developed and developing countries in order to put forward a truly global approach to the subject. Furthermore, it addresses emerging and cross-cutting issues of critical importance for the years ahead. The book is split into six parts for ease of reference: The Legal Framework, Theories and Principles of International Environmental Law - focuses on the origins, theory, principles and development of the discipline; Implementing International Environmental Law - addresses the implementation of IEL and the role of various actors and institutions, including corporations, intergovernmental organisations and NGOs; Key Issues and Legal Frameworks - brings fresh perspectives of the common general issues of international environmental law, such as biological diversity and marine environmental law; Regional Environmental Law - explores the specific regimes developed to address regional environmental issues, considering the evolution, prospects and relationship of regional law and mechanisms to IEL; Cross-Cutting Issues - considers the engagement of international environmental law with other key fields and legal regimes, including international trade, human rights and armed conflict; Contemporary and Future Challenges - analyses pressing current and emerging issues in the field including environmental refugees and climate change, REDD and deforestation, and 'treaty congestion' in IEL. This up-to-date and authoritative book makes it an essential reference work for students, scholars and practitioners working in the field.



Human Rights and Sustainability

Human Rights and Sustainability Author Gerhard Bos
ISBN-10 9781317351771
Release 2016-02-26
Pages 228
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The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.



Routledge Handbook of Environmental Displacement and Migration

Routledge Handbook of Environmental Displacement and Migration Author Robert McLeman
ISBN-10 9781317272250
Release 2018-03-09
Pages 438
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The last twenty years have seen a rapid increase in scholarly activity and publications dedicated to environmental migration and displacement, and the field has now reached a point in terms of profile, complexity, and sheer volume of reporting that a general review and assessment of existing knowledge and future research priorities is warranted. So far, such a product does not exist. The Routledge Handbook of Environmental Displacement and Migration provides a state-of-the-science review of research on how environmental variability and change influence current and future global migration patterns and, in some instances, trigger large-scale population displacements. Drawing together contributions from leading researchers in the field, this compendium will become a go-to guide for established and newly interested scholars, for government and policymaking entities, and for students and their instructors. It explains theoretical, conceptual, and empirical developments that have been made in recent years; describes their origins and connections to broader topics including migration research, development studies, and international public policy and law; and highlights emerging areas where new and/or additional research and reflection are warranted. The structure and the nature of the book allow the reader to quickly find a concise review relevant to conducting research or developing policy on particular topics, and to obtain a broad, reliable survey of what is presently known about the subject.



Ecological Restoration in International Environmental Law

Ecological Restoration in International Environmental Law Author Anastasia Telesetsky
ISBN-10 9781317633662
Release 2016-12-01
Pages 328
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Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.



Routledge Handbook of Human Rights and Climate Governance

Routledge Handbook of Human Rights and Climate Governance Author Sébastien Duyck
ISBN-10 9781315312552
Release 2018-02-15
Pages 430
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Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.



Challenges in International Human Rights Law

Challenges in International Human Rights Law Author MennoT. Kamminga
ISBN-10 9781351572491
Release 2017-10-23
Pages 824
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The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.



Ecological Restoration in International Environmental Law

Ecological Restoration in International Environmental Law Author Anastasia Telesetsky
ISBN-10 9781317633662
Release 2016-12-01
Pages 328
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Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.



Research and Development on Genetic Resources

Research and Development on Genetic Resources Author Evanson Chege Kamau
ISBN-10 9781317511175
Release 2015-06-05
Pages 370
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National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.



Research Handbook on Climate Change Migration and the Law

Research Handbook on Climate Change  Migration and the Law Author Benoît Maye
ISBN-10 9781785366598
Release 2017-10-27
Pages 520
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This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.



Introduction to International Environmental Law

Introduction to International Environmental Law Author Timo Koivurova
ISBN-10 9781317916161
Release 2013-12-04
Pages 218
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Introduction to International Environmental Law provides a concise overview of international environmental law and the relations and agreements among nations to facilitate environmental protection. Beginning by exploring the history nature and sources of international environmental law, Professor Koivurova moves on to consider the key principles as well as examining the implementation and effectiveness of international environmental law in practice. It considers how international environmental law has developed away from other branches of international law which are heavily based on state sovereignty, in order to more effectively facilitate environmental protection and concludes by posing questions about the future of the field. Taking a concise, accessible approach throughout and employing case studies drawn from a global range of examples, this book is the ideal first point of entry to the context, principles and issues of this important subject.



Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources Author Elisa Morgera
ISBN-10 9781783478330
Release 2016-11-25
Pages 568
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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.



Toward a New Climate Agreement

Toward a New Climate Agreement Author Todd L. Cherry
ISBN-10 9781136163586
Release 2014-03-05
Pages 328
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Climate change is one of the most pressing problems facing the global community. Although most states agree that climate change is occurring and is at least partly the result of humans’ reliance on fossil fuels, managing a changing global climate is a formidable challenge. Underlying this challenge is the fact that states are sovereign, governed by their own laws and regulations. Sovereignty requires that states address global problems such as climate change on a voluntary basis, by negotiating international agreements. Despite a consensus on the need for global action, many questions remain concerning how a meaningful international climate agreement can be realized. This book brings together leading experts to speak to such questions and to offer promising ideas for the path toward a new climate agreement. Organized in three main parts, it examines the potential for meaningful climate cooperation. Part 1 explores sources of conflict that lead to barriers to an effective climate agreement. Part 2 investigates how different processes influence states’ prospects of resolving their differences and of reaching a climate agreement that is more effective than the current Kyoto Protocol. Finally, part 3 focuses on governance issues, including lessons learned from existing institutional structures. The book is unique in that it brings together the voices of experts from many disciplines, such as economics, political science, international law, and natural science. The authors are academics, practitioners, consultants and advisors. Contributions draw on a variety of methods, and include both theoretical and empirical studies. The book should be of interest to scholars and graduate students in the fields of economics, political science, environmental law, natural resources, earth sciences, sustainability, and many others. It is directly relevant for policy makers, stakeholders and climate change negotiators, offering insights into the role of uncertainty, fairness, policy linkage, burden sharing and alternative institutional designs.



Routledge International Handbook of Green Criminology

Routledge International Handbook of Green Criminology Author
ISBN-10 9781317808992
Release 2013-08-29
Pages 464
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Academic and general interest in environmental crimes, harms, and threats, as well as in environmental legislation and regulation, has grown sharply in recent years. The Routledge International Handbook of Green Criminology is the most in-depth and comprehensive volume on these issues to date. With contributions from leading international green criminologists and scholars in related fields, the Handbook examines a wide range of substantive issues, including: climate change corporate criminality and impacts on the environment environmental justice media representations pollution (e.g. air, water) questions of responsibility and risk wildlife trafficking The chapters explore green criminology in depth, its theory, history and development, as well as methodological concerns for this area of academic interest. With examples of environmental crimes, harms, and threats from Africa, Asia, Australia, Eastern Europe, South America, the United Kingdom, and the United States, this book will serve as a vital resource for international scholars and students in criminology, sociology, law and socio-legal studies, as well as environmental science, environmental studies, politics and international relations.