scholarly journals Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study

2013 ◽  
Vol 2 (2) ◽  
pp. 41-58
Author(s):  
Piyali Sengupta
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Environmental Disaster ◽  
Complex Issue ◽  
Public International Law ◽  
Environmental Refugees ◽  
The Status ◽  
The Impact ◽  
Climate Refugees

In recent years, climate change is emerging as a major environmental disaster. The impact of such disasters has been the rise in global temperature and flooding of coastal zone communities, frequent droughts and disruptions in rainfall pattern. This has resulted in the increase in the number of environmental refugees. Climate change disasters constitute a major reason for displacement of population than war and persecution. Climate induced migration is a highly complex issue. The status of climate refugees is not recognized in the international framework. The non recognition of these victims in international and national legislations has not only deprived them of their basic human rights but has also raised crucial questions relating to their existence and identity. This paper tries to bring out the lacunae in the present policy and legal framework relating to environmental refugees with reference to the non-refoulement principle. Further, the paper emphasizes on the need to include climate refugees under the term „refugee‟ as laid down in the United Nations Convention relating to the Status of Refugees, 1951and provides suggestions for improving the condition and protection of this hitherto neglected population.

THE PROBLEM OF “CLIMATE REFUGEES” IN VIEW OF INTERNATIONAL HUMANITARIAN LAW – SELECTED ISSUES

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 157-172
Author(s):  
Przemysław Osóbka
Keyword(s):  
Climate Change ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Sea Levels ◽  
Exclusive Economic Zones ◽  
The Status ◽  
Rising Sea Levels ◽  
Economic Zones ◽  
Climate Refugees

The article is an attempt to respond to the need to find international legal solutions, extremely important for people living in the countries threatened by the consequences of climate change, among others, the effects of rising sea levels in the seas and oceans. I try to direct attention to the still underestimated in the international law problem of the so-called "climate refugees". Behind the concept that defies the classic definitions of "refugees", there are hundreds of thousands today, and soon perhaps millions of people whose lives, health and property will be threatened by the forces of nature. The originality of the approach presented in the article is an attempt to consider whether appropriate legal solutions that protect vulnerable populations can be sought on the basis of international humanitarian law, since so far no other branch of international law seemed adequate to take up this challenge. The urgent and important dimension of the problems discussed in the article completes the necessity of searching for and finding answers to questions about the relationship between climate change and public international law. These are the legal consequences of climate deterritorialisation of sovereign states, such as the status of the population of the state without land territory, the loss of territories by archipelago states, the change of the sea borders, territorial waters, exclusive economic zones, and finally the responsibility of states for climate change. In the context of 'climate refugees', there is still no binding legal act that would meet the needs of thousands of people affected by climate change. This causes dissonance because, beyond any doubt, the situation in which these people find themselves raises a lot of fears - for their own lives, safety, health, etc. Today, entire communities and even countries face the problem of progressing deterritorialisation in face of climate threats. climate change, they face the risk of a non-culpable threat to their sovereignty.

scholarly journals The Shifting Status of Cities in International Law? A Review, Several Questions and a Straight Answer

2021 ◽  
Vol 30 (1) ◽  
pp. 15-36
Author(s):  
Giuseppe Nesi
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Local Authorities ◽  
Multilateral Negotiations ◽  
The Status ◽  
Global Concern ◽  
Transnational City

Witnessing the sometimes confusing and often nebulous debate on the position of cities in international law, one could wonder what cities are and what they do in contemporary international law. One could also wonder whether allowing cities to actively participate in the formation and implementation of international norms, and to contribute to international multilateral negotiations on issues of global concern such as sustainable development, climate change or human rights, does really imply a change in their status in international law. In this contribution, the reasons why cities are not subjects of international law, or better, why cities and local authorities still matter in international law because they are part of a State, are systematically assessed. Specific attention is paid to the status and role of transnational city networks. Before concluding, this article makes some final comments on the prospects for cities and transnational city networks in international law.

scholarly journals Significance of the case of Urgenda for the development of climate litigations in Europe

2021 ◽  
pp. 249-265
Author(s):  
Ljubomir Tintor
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Case Law ◽  
State Responsibility ◽  
National Courts ◽  
European Court ◽  
Combat Climate Change ◽  
The Impact ◽  
Harmful Effects

The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implementation of policies to combat climate change. The significance of this case is pointed out not only for Dutch, but also for international law. The second part of the article will show how the Urgenda case affected climate litigation that began to appear before national courts across Europe. Through a comparative analysis of cases, it will be pointed out that there is uneven case law in climate litigation before national courts. It will be seen how the Urgenda case had an impact on the initiation of climate disputes and before the European Court of Human Rights. Particular attention is paid to the issue of the connection between the impact of climate change and the torture caused by the harmful effects of global warming, which was initiated before the European Court of Human Rights in Strasbourg. At the end of the article, the perspective of climate litigation is considered.

OVERSEAS TERRITORIES IN THE WTO

2016 ◽  
Vol 65 (3) ◽  
pp. 741-761 ◽  
Author(s):  
Matthew Kennedy
Keyword(s):  
International Relations ◽  
International Law ◽  
Faroe Islands ◽  
Preferential Treatment ◽  
Public International Law ◽  
Goods And Services ◽  
The World ◽  
The Status ◽  
Overseas Territories ◽  
The Impact

AbstractIn the wake of the Faroe Islands fishing dispute, this article seeks to clarify the status of overseas territories in the World Trade Organization (WTO). The article considers the rule of public international law regarding the territorial application of treaties, the impact of territorial limitations in WTO goods and services schedules and the treaty actions of individual States responsible for the international relations of overseas territories. The article then explores the implications of WTO rights and obligations in respect of Members' overseas territories, including limitations on free riding and preferential treatment.

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

scholarly journals Climate Change and the Convention Relating to the Status of Refugees of 28 July 1951

2021 ◽  
Vol 10 (1) ◽  
pp. 103-120
Author(s):  
Przemysław Osóbka
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Geneva Convention ◽  
Human Migration ◽  
Intergovernmental Panel ◽  
Human Rights Treaties ◽  
The Status ◽  
United Nations Convention

The article deals with The United Nations Convention relating to the Status of Refugees, Geneva, 28.7.1951 in the context of climate change consequences. Refuge is strictly defined category in the acts of international law. It does not include environmental and climatic reasons to leave one’s country of origin. However, in 1990, the Intergovernmental Panel on Climate Change (IPCC) drew attention to the fact that human migration could be one of the greatest effects of climate change. The author also analyzes the meaning of the provisions of Article 3 and Article 8 ECHR in the discussed area. The article tries to give an answer to the question whether and why it is necessary to apply the Geneva Convention to climate change refugees if they can be protected under core human rights treaties. It is of greatest interest to the extent where if refers to the climate change refugees situation in New Zeeland and Australia. These states seem to be pioneers in giving refugees protection due to climate change consequences. Probably adaptation of the 1951 Convention to the challenges facing the international community in connection with climate change will in itself become an expression of its responsibility for the consequences of these changes and their impact on individuals and entire communities.

Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

scholarly journals Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights ◽  
Armed Groups ◽  
Public International Law ◽  
Rebel Groups ◽  
False Sense ◽  
Alternative Sources

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

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