Escrito de Amicus Curiae presentado ante la Corte Interamericana de Derechos Humanos por los Profesores Belln Olmos Giupponi, Cristiin Delpiano Lira y Christian Rojas Calderrn en la solicitud de Opiniin Consultiva de la Reppblica de Colombia de 14 de marzo de 2016. (Amici Curiae File Submitted to the Inter-American Court of Human Rights in the Request of Advisory Opinion by Colombia on 14 March 2016- Interactions between International Human Rights Law and International Environmental Law)

2017 ◽  
Author(s):  
Belln Olmos Giupponi
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Advisory Opinion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Amicus Curiae ◽  
International Human Rights ◽  
International Environmental Law ◽  
Derechos Humanos ◽  
International Human

scholarly journals Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

2021 ◽  
Author(s):  
Medes Malaihollo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Environmental Law ◽  
International Human

AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

Sustainable Development and Human Rights: An Integrated Conception

1996 ◽  
Vol 45 (4) ◽  
pp. 796-818 ◽  
Author(s):  
Dominic McGoldrick
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Environmental Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Environmental Law ◽  
European Court ◽  
International Human

This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms of analogous concepts, principles and systems. What similarities are there and what differences? Part V considers the progress made towards recognition of a “human right to the environment”. Part VI considers how international environmental claims could be brought within the existing international human rights complaint systems. Part VII analyses the judgment of the European Court of Human Rights in theLopez Ostracase (1994), the leading case on environmental claims to have reached that Court.

The Application of International Human Rights Law in Non-International Armed Conflicts

2013 ◽  
Vol 4 (2) ◽  
pp. 220-261 ◽  
Author(s):  
Jean-Marie Kamatali
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Advisory Opinion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Three Solutions ◽  
International Human Rights ◽  
International Human

Since the end of the Cold War, the world has experienced a decrease in international conflict and a significant increase in non-international armed conflict (niac). Despite this change, however, international law has been very slow in adapting its laws that initially were crafted with international armed conflict in mind to the new niac environment. There is a growing recognition that international humanitarian law (ihl) is not well equipped to deal with issues of human rights violations committed during niac. New efforts to make international human rights law (ihrl) applicable in such conflicts have, however, raised more questions than answers. There is still no consensus on whether international human rights law applies to niac. Furthermore, the question on whether non-international armed groups are bound by international human rights obligations remains controversial. This article tries to analyze where international law stands now of these questions. It proposes steps international law could follow to move from its current rhetoric to a more practical solution on these questions. The three solutions proposed are: individual agreements to respect human rights during armed conflict, the possibility of an icj advisory opinion and the option of a protocol additional to international human rights treaties relating to their application in niac.

Part III Structural Principles, Ch.17 Solidarity

2013 ◽  
Author(s):  
Wolfrum Rüdiger
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Humanitarian Assistance ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Trade Law ◽  
Structural Principles ◽  
International Human ◽  
The Impact

This article examines the role and influence of the principle of solidarity on international human rights law. It analyses the pronouncement of the United Nations on solidarity and the impact of solidarity on some international legal regimes concerned with peace, trade law and environmental law. This article argues that solidarity not only facilitated the internationalization of human rights concerns but also significantly influenced modern doctrines of reparations for human rights victims, the responsibility to protect and humanitarian assistance.

scholarly journals Possibilities for Justice and Equity in Human Rights and Climate Law: Benefit-Sharing in Climate Finance

Climate Law ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 1-44
Author(s):  
Kim Bouwer
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Benefit Sharing ◽  
Climate Finance ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Climate Regime ◽  
International Human Rights ◽  
International Human

Abstract This article examines benefit-sharing in the context of climate finance. Both benefit-sharing and climate finance are complex, heterogeneous, and fast-developing fields, where the interaction of international human rights law and climate law can create both clarity and confusion. Benefit-sharing as a means for greater equity and fairness is increasingly used or included in materials on climate finance, despite lacking clear conceptualization in this context. The article does three things. First, it establishes benefit-sharing as an emerging obligation in human rights law and environmental law. Second, it explores how benefit-sharing appears in the climate regime, with a view to determining whether benefit-sharing has a distinct meaning in this context – and, if so, what it is. The article argues that both the meaning and the practice of benefit-sharing in climate finance are incoherent. Third, the article interrogates the possibilities and problems of adopting universalized norms of benefit-sharing in this context, and suggests some places where norms might be beneficial.

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