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Climate Change and Human Rights: An International and Comparative Law Perspective [Kõva köide]

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"Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, which will soon pass the compromising threshold of 2

"This book sheds light on the legal relationship between climate change and human rights, based on tripartite human rights categories. Contributors of the book explore the relationship between climate change and first, second and third generation human rights, drawing on the obligations to respect, protect, and fulfil human rights.The book is made up of three sections: the first section defines the general framework for understanding the relationship between climate change and human rights; the second section explores the relationship between climate change and specific first, second and third human rights generations; the third section analyses the human rights approach to climate change developed by the main international and regional institutional regimes. The volume gathers together chapters by international experts, in order to provide a thorough analysis of the relationship between human rights and climate change and the possibility of combating global warming through the enforcement of human rights"--

This book sheds light on the legal relationship between climate change and human rights, based on tripartite human rights categories. Contributors of the book explore the relationship between climate change and first, second and third generation human rights, drawing on the obligations to respect, protect, and fulfil human rights.

The book is made up of three sections: the first section defines the general framework for understanding the relationship between climate change and human rights; the second section explores the relationship between climate change and specific first, second and third human rights generations; the third section analyses the human rights approach to climate change developed by the main international and regional institutional regimes.

The volume gathers together chapters by international experts, in order to provide a thorough analysis of the relationship between human rights and climate change and the possibility of combating global warming through the enforcement of human rights.

Foreword xiii
Pierre-Marie Dupuy
Introduction 1(4)
Ottavio Quirico
Mouloud Boumghar
PART I General framework
5(64)
1 States, climate change and tripartite human rights: the missing link
7(32)
Ottavio Quirico
Jurgen Brohmer
Marcel Szabo
2 Balancing human rights in climate policies
39(14)
Bridget Lewis
3 Human rights responsibility of private corporations for climate change? The State as a catalyst for compliance
53(16)
Anna Riddell
PART II Specific rights
69(88)
4 Climate change and right to life: limits and potentialities of the human rights protection system
71(18)
Christine Bakker
5 Climate change and interdependent human rights to food, water and health: the contest between harmony and invention
89(15)
Alessandra Franca
6 Waterworld: climate change, Statehood and the right to self-determination
104(14)
Cameron Moore
7 Two-pronged right to development and climate change: reciprocal implications
118(15)
Same Varayudej
8 Untying the Gordian Knot: towards the human right to a climatically sustainable environment?
133(24)
Francesco Francioni
Ottavio Quirico
PART III Specific regimes
157(62)
9 A double-edged sword: climate change, biodiversity and human rights
159(14)
Federico Lenzerini
Erika Piergentili
10 Climate change, migration and human rights: towards group-specific protection?
173(16)
Benoit Mayer
Christel Cournil
11 Balancing human rights, climate change and foreign investment protection
189(12)
Valentina Vadi
12 Linking trade and climate change: what room for human rights?
201(18)
Olivier De Schutter
PART IV Institutional prospects
219(118)
13 Systemic integration between climate change and human rights at the United Nations?
221(15)
Spyridon Aktypis
Emmanuel Decaux
Bronwen Leroy
14 Climate change and human rights in the Asia-Pacific: a fragmented approach
236(20)
Ben Boer
15 A wider human rights spectrum to fight climate change in Africa?
256(14)
Faustin Ntoubandi
Roland Adjovi
16 Missing opportunities to shed light on climate change in the Inter-American human rights protection system
270(17)
Mouloud Boumghar
17 All in all it was all just bricks in the wall: European legal systems, climate change and human rights
287(20)
Ottavio Quirico
18 Challenging the human rights responsibility of States and private corporations for climate change in domestic jurisdictions
307(30)
Tineke Lambooy
Hanneke Palm
Conclusion 337(2)
Ottavio Quirico
Mouloud Boumghar
Appendix -- CO2 emissions 339(4)
Documents 343(13)
Cases 356(5)
Bibliography 361(12)
Index 373(19)
Abbreviations 392(4)
Notes on contributors 396(5)
Detailed contents 401(8)
Acknowledgements 409
Ottavio Quirico is Senior Lecturer in the School of Law at the University of New England, Australia.



Mouloud Boumghar is Professor in the Faculty of Law at Université de Picardie, France.