Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
13 - Human Rights in the Climate Change Regime
From Rio to Paris and Beyond
Published online by Cambridge University Press: 08 June 2018
Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
Summary
This chapter charts the increasing currency of human rights discourses and the appetite among States to integrate human rights language in the international climate change regime, from the 1992 UN Framework Convention on Climate Change (UNFCCC) to the 2015 Paris Agreement. The chapter examines the references to human rights and interests (albeit not framed in rights language) in the 1992 UNFCCC negotiated at Rio, the 1997 Kyoto Protocol, and conferences of Parties’ decisions under these instruments, in particular the 2010 Cancun Agreements. It also explores the discussion and debate in the lead-up to and in the Paris Climate Conference on various human rights, drawing on the submissions of Parties in the four-year negotiating process from Durban in 2011 to Paris in 2015. It deconstructs the preambular reference to human rights in the Paris Agreement, and identifies complementary provisions that have human rights dimensions. Although the Paris Agreement does not explicitly endorse a right to a healthy environment, the inclusion of rights language in relation to climate impacts strengthens the argument that such a right may be closer to acknowledgement at the international level
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- The Human Right to a Healthy Environment , pp. 236 - 251Publisher: Cambridge University PressPrint publication year: 2018
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