The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects

<p>Over the last decade, the effects of an unprecedented rise in global temperature due to climate change, on the enjoyment of human rights, especially the right to life, have been subjects of intensive scholarly attention. Gallons of juristic ink have been spilled on the need for States to ad...

Full description

Bibliographic Details
Main Author: Olawuyi, D
Other Authors: Shacknove, A
Format: Thesis
Language:English
Published: 2013
Subjects:
_version_ 1797088552898527232
author Olawuyi, D
author2 Shacknove, A
author_facet Shacknove, A
Olawuyi, D
author_sort Olawuyi, D
collection OXFORD
description <p>Over the last decade, the effects of an unprecedented rise in global temperature due to climate change, on the enjoyment of human rights, especially the right to life, have been subjects of intensive scholarly attention. Gallons of juristic ink have been spilled on the need for States to adopt policy measures aimed at combating climate change. However, recent findings show that policy measures and projects aimed at mitigating climate change are in turn producing even more serious human rights concerns, especially in developing countries. These human rights issues include: mass displacement of citizens from their homes to allow for climate change mitigation projects; lack of participation by citizens in project planning and implementation; citing and concentration of projects in poor and vulnerable communities; lack of governmental accountability on projects and the absence of review and complaint mechanisms for victims to obtain redress for these problems. These secondary human rights impacts of policy measures and projects aimed at mitigating climate change have not received sufficient attention in existing literature.</p> <p>The aim of this research is to examine and analyse the effects of climate change mitigation projects, specifically Clean Development Mechanism (CDM) projects, on the enjoyment of fundamental human rights. It considers how lessons from the approval and execution of CDM projects could inform thoughts on the value and requirements for mainstreaming human rights safeguards into international climate change regimes in general. It analyses the legal and theoretical prospects and paradoxes of adopting the United Nations Human Rights Based Approach (HRBA) as a framework through which human rights standards may be systemically integrated and mainstreamed into extant and emerging international legal regimes on climate change.</p>
first_indexed 2024-03-07T02:51:42Z
format Thesis
id oxford-uuid:ade6153c-9dc9-4250-8fe5-2ad62ef8ddf8
institution University of Oxford
language English
last_indexed 2024-03-07T02:51:42Z
publishDate 2013
record_format dspace
spelling oxford-uuid:ade6153c-9dc9-4250-8fe5-2ad62ef8ddf82022-03-27T03:38:59ZThe human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projectsThesishttp://purl.org/coar/resource_type/c_db06uuid:ade6153c-9dc9-4250-8fe5-2ad62ef8ddf8LawEnvironmentClimate systems and policyPublic international lawHuman rightsEnglishOxford University Research Archive - Valet2013Olawuyi, DShacknove, ALucas, A<p>Over the last decade, the effects of an unprecedented rise in global temperature due to climate change, on the enjoyment of human rights, especially the right to life, have been subjects of intensive scholarly attention. Gallons of juristic ink have been spilled on the need for States to adopt policy measures aimed at combating climate change. However, recent findings show that policy measures and projects aimed at mitigating climate change are in turn producing even more serious human rights concerns, especially in developing countries. These human rights issues include: mass displacement of citizens from their homes to allow for climate change mitigation projects; lack of participation by citizens in project planning and implementation; citing and concentration of projects in poor and vulnerable communities; lack of governmental accountability on projects and the absence of review and complaint mechanisms for victims to obtain redress for these problems. These secondary human rights impacts of policy measures and projects aimed at mitigating climate change have not received sufficient attention in existing literature.</p> <p>The aim of this research is to examine and analyse the effects of climate change mitigation projects, specifically Clean Development Mechanism (CDM) projects, on the enjoyment of fundamental human rights. It considers how lessons from the approval and execution of CDM projects could inform thoughts on the value and requirements for mainstreaming human rights safeguards into international climate change regimes in general. It analyses the legal and theoretical prospects and paradoxes of adopting the United Nations Human Rights Based Approach (HRBA) as a framework through which human rights standards may be systemically integrated and mainstreamed into extant and emerging international legal regimes on climate change.</p>
spellingShingle Law
Environment
Climate systems and policy
Public international law
Human rights
Olawuyi, D
The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title_full The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title_fullStr The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title_full_unstemmed The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title_short The human rights based approach to climate change mitigation: legal framework for addressing human rights questions in mitigation projects
title_sort human rights based approach to climate change mitigation legal framework for addressing human rights questions in mitigation projects
topic Law
Environment
Climate systems and policy
Public international law
Human rights
work_keys_str_mv AT olawuyid thehumanrightsbasedapproachtoclimatechangemitigationlegalframeworkforaddressinghumanrightsquestionsinmitigationprojects
AT olawuyid humanrightsbasedapproachtoclimatechangemitigationlegalframeworkforaddressinghumanrightsquestionsinmitigationprojects