Beyond the North–South Divide: Litigation\u27s Role in Resolving Climate Change Loss and Damage Claims

Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance for L&D discourse, but its efficacy, especially in compensation claims relating to the adverse effects of climate change, is uncertain. There is, as yet, no precedent of plaintiffs succeeding in an L&D case, with numerous legal, evidentiary and practical barriers persisting, particularly for Global South plaintiffs aiming to hold Northern governments and actors accountable. This article scrutinizes recent advances in climate litigation and their potential to facilitate or obstruct L&D litigation. Focusing on seminal L&D cases, namely, Lliuya v RWE and Asmania et al v Holcim, we present a novel legal critique of climate litigation\u27s capacity to assist climate-vulnerable States, populations and communities in pursuing redress for L&D, based on pertinent case law and an examination of overarching issues of attribution and extraterritorial jurisdiction

A just transition? : investigating the role of human rights in the transition towards net zero societies

The transition towards net zero societies requires far-reaching changes that risk ignoring or exacerbating existing social inequalities and injustice. The term ‘just transition’ is commonly used to flag the justice implications of decarbonization and its societal impacts. The notion has moved beyond an initial focus on labourers, to encompass broader procedural, distributive, recognition and restorative justice questions. This article investigates the role of human rights in defining the parameters of a just transition. It explores how human rights can accelerate the transition and support greater fairness, but also how they might be perceived to work against climate action. It focuses on two key areas - the land sector and energy sector - to illustrate the complex justice tensions that arise. In doing so, it sheds new light on the role of human rights in addressing justice questions and ensuring that the transition towards net zero societies is inclusive, equitable, and just for all

Principles of International Law Relevant for Consideration in the Design and Implementation of Trade-Related Climate Measures and Policies. Report of an International Legal Expert Group.

The report offers independent guidance for governments and stakeholders by eminent legal experts on principles of international law relevant for consideration in the design and implementation of trade-related climate measures and policies. The report reviews a set of recognized principles of international law that the expert group deems especially relevant for consideration including: Sovereignty; Prevention; Cooperation; Prohibition of Arbitrary & Unjustifiable Discrimination; Sustainable Development, Equity, & CBDR-RC; and Transparency & Consultation. The vision driving this report is that shared understandings on such principles could help foster dialogue and international cooperation on the design and implementation of trade-related climate measures and policies in the context of sustainable development priorities. According to the expert group, trade-related climate measures and policies should be approached as legal hybrids. Their rationale, design, and the debates about them draw from different areas of international law relating to the environment, climate, international trade and general international law. The principles are analysed in a way that presents them as cumulative and simultaneously applicable, in a mutually supportive and coherent manner, giving full effect to all relevant parts of international law, insofar as possible

Special Report on Global warming of 1.5°C (SR15) - Chapter 5:Sustainable Development, Poverty Eradication and Reducing Inequalities

The Special Report on 1.5°C assesses three main themes: • What would be required to limit warming to 1.5°C (mitigation pathways) • The impacts of 1.5°C of warming, compared to 2ºC and higher • Strengthening the global response to climate change; mitigation and adaptation options The connections between climate change and sustainable development and efforts to eradicate poverty are discussed throughout the report. This chapter takes sustainable development as the starting point and focus for analysis. It considers the broad and multifaceted bi-directional interplay between sustainable development, including its focus on eradicating poverty and reducing inequality in their multidimensional aspects, and climate actions in a 1.5°C warmer world. These fundamental connections are embedded in the Sustainable Development Goals (SDGs). The chapter also examines synergies and trade-offs of adaptation and mitigation options with sustainable development and the SDGs and offers insights into possible pathways, especially climate-resilient development pathways towards a 1.5°C warmer world

Climate Migrants’ Right to Enjoy their Culture

This paper considers the extent to which international human rights law offers protection to ‘climate migrants’ irrespective of whether these persons would qualify for refugee status. In contrast with most existing literature, it does not focus on States’ obligations arising from the right to life or the prohibition of inhumane treatment. Instead, the paper focuses on the right of persons belonging to minorities to enjoy their culture as protected under Article 27 of the International Covenant on Civil and Political Rights. The paper peruses the Human Rights Committee’s interpretation of Article 27, with particular attention to its link with the rights of peoples to self-determination and to freely dispose of their natural wealth and resources as protected under Article 1 of the Covenant. Based on this analysis the paper challenges the presupposition that a normative gap exists, pointing instead at a need for further research into the interpretation of norms and obstacles to enforcement

State responsibility, climate change and human rights under international law

"The last decade has witnessed an increasing focus on the impact of climate change on the enjoyment of human rights. Several international human rights bodies have now recognised the negative implications of climate change for the enjoyment of the rights to life, food, health, housing and self-determination, among others, and regularly call on states to ensure the participation of women, indigenous peoples and other vulnerable groups in climate change-related actions. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for actions related to climate change. While accountability is central to human rights law and practice, in the context of climate change it has been undermined by a lack of clarity regarding a series of legal and practical questions. Other pressing questions are the relationship between international human rights law and the UNFCCC regime, and to what extent human rights bodies are competent to deal with cases related to climate change. This book offers a timely and comprehensive analysis of the issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime"-- Acknowledgements -- Abbreviations -- Legal Materials -- PART I -- LEGAL AND CONCEPTUAL FOUNDATIONS 1. Introduction 2. International Human Rights Law 3. International Climate Change Law 4. The Law of State Responsibility 5. Integrating Legal Frameworks in a Context of Fragmentation -- PART II -- STATE RESPONSIBILITY AND REMEDIES FOR VIOLATIONS 6. Attributing Climate Change-Related Conduct to States 7. Establishing Violations of Human Rights Affected by Climate Change 8. Remedies for Climate Change-Related Human Rights Violations 9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals 10. Conclusion --Bibliography --IndexPublished version of EUI PhD thesis, 201

State Responsibility for Human Rights Violations Associated with Climate Change

While there is widespread agreement that climate change has negative implications for the enjoyment of human rights, it remains unclear in what circumstances State action associated with climate change amounts to a human rights violation. To unpack this question, this chapter analyses how the law of State responsibility may apply to human rights violations associated with climate change. This involves a discussion of the nature of States’ obligations to prevent human rights violations and to take measures to ensure the realisation of human rights at home and abroad. Specifically, the chapter discusses to what extent human rights obligations and principles prescribe particular forms of climate action at the national level and in the context of international cooperation and support. Finally, the chapter sheds light on the potential legal consequences of human rights violations associated with climate change