Briefly Noted

2020 ◽  
Vol 59 (5) ◽  
pp. 888-889
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
New Zealand ◽  
Sea Level ◽  
Asylum Seekers ◽  
Climate Change Impacts ◽  
Future Climate Change ◽  
Negative Effects ◽  
Right To Life ◽  
The Right

In January 2020, the UN Human Rights Committee ruled that states cannot deport people who face “climate change-induced conditions that violate the right to life.” According to a UN press release, the complaint in this case was filed by Ioane Teitiota who was denied asylum in New Zealand and deported with his family to his native Kiribati. Following his deportation, he filed a complaint with the Human Rights Committee, alleging that his deportation violated his right to life and that the rise of the sea level and other climate change impacts rendered Kiribati uninhabitable. Though the Committee determined that, on the facts, Mr. Teitiota's right to life was not violated, the Committee specifically indicated that “"this ruling sets forth new standards that could facilitate the success of future climate change-related asylum claims.” In particular, the Committee determined that asylum seekers need not demonstrate that they would face imminent harm if returned to their home states because the negative effects of climate change can occur suddenly and more slowly, over the longer-term.

scholarly journals THE HUMAN RIGHTS COMMITTEE, ENVIRONMENTAL PROTECTION AND THE RIGHT TO LIFE

2020 ◽  
Vol 69 (3) ◽  
pp. 735-752
Author(s):  
Ginevra Le Moli
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
New Zealand ◽  
Environmental Protection ◽  
Case Law ◽  
Right To Life ◽  
Potential Impact ◽  
The Right ◽  
First Time ◽  
Threat To Life

AbstractIn its August 2019 decision in Portillo Cáceres v Paraguay, the Human Rights Committee recognised, for the first time, the existence of a connection between environmental protection and the right to life with dignity. This is not only a landmark decision for the Committee but also represents the consolidation of a body of case law and practice from the three regional human rights courts and other UN human rights bodies which has developed over the last quarter of a century. It also shows the potential of two important and widely debated paragraphs in the newly adopted General Comment No. 36 on the Right to Life, which describe environmental degradation as both an enabler of threats and a direct threat to the right to life. Such potential has been confirmed in another landmark decision of the HRC—Teitiota v New Zealand, relating to climate change as threat to life. This article draws on Portillo Cáceres v Paraguay and Teitiota v New Zealand to analyse this wider field of practice in order to clarify the connection between the right to life and environmental protection, as recognised by the Committee, and considers its potential impact on future litigation.

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

Diversified pastures at the front line of climate change in Northland: farmers experiences, new directions and wider implications for other parts of the country

2021 ◽  
Vol 17 ◽  
Author(s):  
Kieran McCahon ◽  
Allister McCahon ◽  
Gavin Ussher
Keyword(s):  
Climate Change ◽  
New Zealand ◽  
Perennial Ryegrass ◽  
White Clover ◽  
Total Yield ◽  
Moisture Stress ◽  
Future Climate Change ◽  
First Year ◽  
Dry Conditions ◽  
The Right

The persistence of both perennial ryegrass and white clover is challenged under summer-dry conditions. Future climate change projections indicate greater incidence and severity of summer moisture stress for many regions in New Zealand, and therefore, greater pressure on our traditional pasture base. The ‘Northland Diversified Forages Project’ aimed to identify alternative pasture species that provide an advantage in terms of dry matter yield, quality and/or timing of growth within a summer-dry environment, with a particular focus on legumes. A series of mown-plot trial and paddock demonstrations were established across a range of soil types to assess the potential of a wide variety of forage species. Perennial ryegrass and white clover both failed to persist, comprising less than 25% of the sward within 3 years of establishment. Cocksfoot demonstrated potential as a more persistent alternative to perennial ryegrass. However, whilst a range of legumes were successful at increasing the proportion of legume in the sward and total yield in the first year, significant challenges were identified in maintaining functional legumes across multiple years. This raises questions around whether we currently have the right species in New Zealand to adapt to a changing climate.

scholarly journals Climate Change and the Ageing Population: Enforcing the Rights to Life and Health Under Human Rights, Health and Climate Change Regimes

2013 ◽  
Vol 7 (1) ◽  
Author(s):  
Saheed A. Alabi
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Climate Impact ◽  
Ageing Population ◽  
Right To Life ◽  
Healthy Environment ◽  
Climate Impact Assessment ◽  
Mitigation And Adaptation ◽  
Potential Methods ◽  
The Right

This article explores potential methods of protecting the ageing population from the consequences of climate change. It discusses the enforcement of the "right to life" (the right to live a life free from environmental degradation) and/or health relating to the environment in protection of the ageing population. Many countries have codified the right to life and/or health in their constitutions. In order to enjoy this right, it is essential that a clean and healthy environment be secured.Thus, this article assesses the consideration of climate change by international human rights and health regimes. It also examines whether climate obligations such as emissions reduction, climate impact assessment, mitigation and adaptation can be enforced through these regimes. The article suggests that expanding the purview of new international climate policies that address the public health of the ageing population will fill the absence of health policies under the climate regime. Finally, after proposing that climate litigation through human rights enforcement may reshape global responses to adverse effects of climate change on the ageing population, the article suggests additional ways to achieve such feats.

The Grounds of Climate Justice

2019 ◽  
pp. 41-57
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Right To Health ◽  
Free Movement ◽  
Climate Justice ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
The Right

Chapter Two defines the grounds of climate justice. Defining the grounds of justice is a key task for any climate justice account because it allows readers to understand what must be normatively prioritised. The grounds of justice in this sense represent the moral underpinnings of the climate justice account, a normative subfloor that must not be crossed. The chapter makes the case for using the human right to health as the non-relational moral minimum that grounds the climate justice position. Chapter Two puts forward that the human right to health provides a strong foundation for a climate justice because it captures the threats climate change poses to humans more comprehensively than other key human rights, including the right to food and water, the right to life, and the right to free movement.

scholarly journals Predicted impacts of climate change on New Zealand’s biodiversity.

2011 ◽  
Vol 17 (3) ◽  
pp. 179 ◽  
Author(s):  
Carolyn J Lundquist ◽  
Doug Ramsay ◽  
Rob Bell ◽  
Andrew Swales ◽  
Suzi Kerr
Keyword(s):  
Climate Change ◽  
New Zealand ◽  
Sea Level Rise ◽  
Sea Level ◽  
Cold Water ◽  
Fire Risk ◽  
Climate Change Impacts ◽  
Storm Surges ◽  
Aquatic Communities ◽  
Coastal Habitats

In New Zealand, climate change impacts have already been observed, and will increase in future decades. Average air temperature is predicted to warm by 2.1°C by 2090 for a mid-range IPCC scenario (A1B), with larger increases possible for some IPCC scenarios with higher rates of future emissions. Sea-level rise projections range between 0.18 – 0.59 m by 2100, based on six IPCC future emission scenarios excluding future rapid dynamical changes in polar ice-sheet flow. Global surface ocean pH is predicted to decrease by an additional 0.14 – 0.35 units by 2100, with a similar decrease expected in New Zealand waters. Rainfall is predicted to change significantly, with increased precipitation in the west, and reduced precipitation in the east, and more intense rainfall events. Increasing temperature is likely to result in species’ range shifts southward and upward, and mortality during extreme heat events. Ocean acidification is expected to cause declines in carbonate communities, with cold water communities predicted to decline first due to a lower aragonite saturation horizon in cold waters. Sea-level rise is likely to impact on coastal biota, reducing coastal habitats, changing inundation patterns, and increasing vulnerability to storm surges and tides. Changes in storm and rainfall intensity are predicted to increase disturbance to terrestrial and aquatic communities. Areas with increased precipitation will amplify rates of disturbance, erosion and sedimentation into aquatic, estuarine and coastal ecosystems, while areas with low precipitation will experience increased fire risk. In New Zealand, climate change projections are being integrated into management, including increasing protection and improving management of coastal habitats. Contributing to a global reduction in greenhouse gas emissions, New Zealand is the first country to include forestry in their Emissions Trading Scheme, already positively affecting biodiversity by reducing deforestation.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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