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The Human Rights-Based Approach to Carbon Finance

  • Date Published: June 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107105515

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  • This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.

    • Examines the indirect impact of climate change on human rights, an area which has hitherto not been subject to exhaustive and rigorous exposition and analysis
    • Proposes a legal and institutional framework through which countries can respect and protect human rights and adhere to recent UN treaties, resolutions and declarations
    • Provides practical information on how companies can incorporate human rights due diligence into general corporate risk management processes
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    Reviews & endorsements

    'Damilola S. Olawuyi has tackled the intersection of three issues of great complexity and even greater importance: the design of projects that are needed to reduce our greenhouse gas emissions, and thus avoid the worst effects of climate change; the methods being used to pay for these projects; and the effect that the projects will have on the communities (often indigenous populations) that live in or near the places where these projects are carried out. This book displays a mastery of the actual problems these projects face in the real world … It also presents concrete proposals for reconciling at least some of the conflicts. Human rights and climate finance have too often been very separate spheres of study; Olawuyi has now brought them together in a way that performs a great service in helping us understand and constructively deal with the tensions between them.' Michael B. Gerrard, Andrew Sabin Professor of Professional Practice, and Director, Sabin Center for Climate Change Law, Columbia Law School

    'This book is about the big issue in the transition to sustainability - the linking of equity with sustainability. No longer is it tolerable to focus only on environmental impact. Development must be approached and financed through the triple lens of environmental, social and economic sustainability … The book discusses what this means in practical terms - an expanded role for bodies presently engaged in screening carbon projects, a requirement for a specific human rights impact assessment, review mechanisms, better governance and compliance and complaints committees. Dr Damilola S. Olawuyi has written a clear, well-informed and documented work, in a field which should and does engage all of us ever more.' The Right Hon. The Lord Jonathan Hugh Mance, Justice of the Supreme Court of the United Kingdom and Chair, International Law Association

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    Product details

    • Date Published: June 2016
    • format: Hardback
    • isbn: 9781107105515
    • length: 440 pages
    • dimensions: 229 x 152 x 25 mm
    • weight: 0.75kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Carbon Projects and Human Rights: Introductory Context and Principles:
    1. Introduction
    2. Climate change projects and human rights struggles
    Part II. Mainstreaming Human Rights Safeguards into the International Legal Regime on Climate Change:
    3. The concept of mainstreaming in international law
    4. The human rights mainstream paradigm and the question of approach
    Part III. The Human Rights-Based Approach to Carbon Finance: Nature, Elements and Content:
    5. Normative contents/elements of the human rights-based approach
    6. Legal framework for implementing the human rights-based approach to carbon finance
    7. Mobilizing structures: institutional framework for implementing the human rights-based approach to carbon finance
    Part IV. From Theory to Practice: Practical Challenges, Paradoxes and Potentials of a Human Rights-Based Approach to Carbon Finance:
    8. Making mainstreaming work: a three-step approach to implementation
    9. Minding the gap: practical paradoxes and barriers to the adoption of a human rights-based approach to carbon finance
    10. Implementing a human rights-based approach to carbon finance: summary for policy makers.

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    The Human Rights-Based Approach to Carbon Finance

    Damilola S. Olawuyi

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  • Author

    Damilola S. Olawuyi, Afe Babalola University, Nigeria
    Damilola S. Olawuyi is a senior lecturer at Afe Babalola University, Nigeria, where he is also Director of the Institute for Oil, Gas, Energy, Environment and Sustainable Development. Dr Olawuyi also provides legal advice and services as an energy lawyer with the leading global law firm Norton Rose Fulbright LLP, Canada.

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