How to Protect Basic Human Rights under Climate Change Law

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

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Introduction

10.1093/oso/9780198826873.003.0001 ◽

2018 ◽

Author(s):

Jonas Tallberg ◽

Karin Bäckstrand ◽

Jan Aart Scholte

Keyword(s):

Climate Change ◽

Human Rights ◽

Conceptual Framework ◽

Global Governance ◽

Comprehensive Treatment ◽

Human Rights Abuses ◽

Sociological Approach ◽

The Core ◽

Governance Institutions

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

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