Addressing climate change through international human rights law: from (extra)territoriality to common concern of humankind
Addressing climate change through international human rights law: from (extra)territoriality to common concern of humankind
International human rights law (IHRL) offers potential responses to the consequences of climate change. However, the focus of IHRL on territorial jurisdiction and the causation-based allocation of obligations does not match the global nature of climate change impacts and their indirect causation. The primary aim of this article is to respond to the jurisdictional challenge of IHRL in the context of climate change, including its indirect, slow-onset consequences such as climate change migration. It does so by suggesting a departure from (extra)territoriality and an embrace of global international cooperation obligations in IHRL. The notion of common concern of humankind (CCH) in international environmental law offers conceptual inspiration for the manner in which burden sharing between states may facilitate international cooperation in response to global problems. Such a reconfiguration of the jurisdictional tenets of IHRL is central to enabling a meaningful human rights response to the harmful consequences of climate change.
Climate change, Common but differentiated responsibilities, Common concern of humankind, International environmental law, International human rights law, Jurisdiction
Bellinkx, Vincent
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Casalin, Deborah
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Erdem Türkelli, Gamze
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Scholtz, Werner
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Vandenhole, Wouter
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Bellinkx, Vincent
c25e6f0c-91e5-43f4-a78d-be80592e0f4b
Casalin, Deborah
694df594-a545-41f4-a262-32f23032c5a5
Erdem Türkelli, Gamze
a8f39a92-bedd-4b5c-bfdd-50d7dd2ad814
Scholtz, Werner
4e8ad72b-807a-4aee-bee3-203f038a0a8c
Vandenhole, Wouter
ef5d0ef0-1a41-4da8-98aa-985aa5074ca7
Bellinkx, Vincent, Casalin, Deborah, Erdem Türkelli, Gamze, Scholtz, Werner and Vandenhole, Wouter
(2021)
Addressing climate change through international human rights law: from (extra)territoriality to common concern of humankind.
Transnational Environmental Law.
(doi:10.1017/S204710252100011X).
Abstract
International human rights law (IHRL) offers potential responses to the consequences of climate change. However, the focus of IHRL on territorial jurisdiction and the causation-based allocation of obligations does not match the global nature of climate change impacts and their indirect causation. The primary aim of this article is to respond to the jurisdictional challenge of IHRL in the context of climate change, including its indirect, slow-onset consequences such as climate change migration. It does so by suggesting a departure from (extra)territoriality and an embrace of global international cooperation obligations in IHRL. The notion of common concern of humankind (CCH) in international environmental law offers conceptual inspiration for the manner in which burden sharing between states may facilitate international cooperation in response to global problems. Such a reconfiguration of the jurisdictional tenets of IHRL is central to enabling a meaningful human rights response to the harmful consequences of climate change.
Text
2021.02.26 Coping with Climate Change Migration FINAL.docx accepted man
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More information
Accepted/In Press date: 24 June 2021
e-pub ahead of print date: 24 June 2021
Additional Information:
Publisher Copyright:
Copyright © The Author(s), 2021. Published by Cambridge University Press.
Copyright:
Copyright 2021 Elsevier B.V., All rights reserved.
Keywords:
Climate change, Common but differentiated responsibilities, Common concern of humankind, International environmental law, International human rights law, Jurisdiction
Identifiers
Local EPrints ID: 453442
URI: http://eprints.soton.ac.uk/id/eprint/453442
ISSN: 2047-1025
PURE UUID: 7214c458-f8de-4a20-8ffb-1146f8493817
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Date deposited: 17 Jan 2022 17:37
Last modified: 17 Mar 2024 04:05
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Contributors
Author:
Vincent Bellinkx
Author:
Deborah Casalin
Author:
Gamze Erdem Türkelli
Author:
Wouter Vandenhole
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