Addressing Climate Change through International Human Rights Law
From (Extra)Territoriality to Common Concern of Humankind
Bibliographic Data
| ID | 4610071 |
|---|---|
| Authors | Vincent Bellinkx (0000-0001-7355-5603, University of Antwerp, corresponding author), Deborah Casalin (0000-0001-8444-0422, University of Antwerp), Gamze Erdem Türkelli (0000-0002-0224-5023, University of Antwerp), Werner Scholtz (0000-0003-0959-0054, University of Southampton), Wouter Vandenhole (0000-0003-3566-2875, University of Antwerp) |
| Year | 2022 |
| Volume | 11 |
| Issue | 1 |
| Pages | 69-93 |
| Publication date | 2022-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s204710252100011x |
| OpenAlex | W3175901126 |
| Language | EN |
| Citations received | 3 |
| References cited | 18 |
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
Biology · Causation · Climate change · Environmental ethics · Human rights · International law · Jurisdiction · Law and economics · Political science · Sociology · Territoriality · Climate Change and Geoengineering · Climate Change, Adaptation, Migration · Environmental law and policy · Law · Ecology
The State of the Netherlands v. Urgenda Foundation
Migration in the UNFCCC Workstream on Loss and Damage
The influence of climate variability on internal migration flows in South Africa
Human Rights and the Environment
Has climate change driven urbanization in Africa
Sovereigns as Trustees of Humanity
Establishing a Governmental Duty of Care for Climate Change Mitigation
Dynamic Differentiation
Differential Treatment in Environmental Law
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2025 (4) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |