12 In this sense, the current analysis focuses exclusively on regional and partly international human rights regimes that constitute appropriate fora to identify and define human rights content related to climate change. While these cases may very well serve as sources of inspiration, it is rather unlikely that they will be able to solve existing challenges posed to regional and international human rights institutions that operate within their own specific normative framework. In view of the urgency that is indicated by the tipping points 11 we are currently reaching and stagnant climate change negotiations, it is exactly the right time for human rights lawyers to address the challenges of climate change from an international human rights perspective.Īlthough emblematic cases of national climate change litigation may inspire future decisions at the regional and international level, they still reflect specific domestic approaches informed by and based on national norms. It further seems reasonable to tackle a global phenomenon like climate change on a transnational scale. In addition, their precedents are of particular importance for the domestic, but also the regional and international levels, as they provide guidance and seek to ensure consistency in dealing with specific human rights issues.
One aspect is the mostly binding character and the widespread impact of their decisions vis-à-vis a multitude of different Member States. There are several reasons why the (future) decisions of regional and international human rights bodies are of particular interest.
In contrast, regional human rights systems have yet to decide on fundamental questions relating to human rights and climate change. 6 A few weeks after the 26 th Conference of the Parties, the movement that had come into the negotiations seems to have ended up moving at a snail's pace. 5 At the same time, urgent questions of distributive justice, including loss and damage, remain largely unsolved. 4 Nevertheless, the Glasgow pledges still put us on a path to 2.4 degrees in 2100 missing by far the 1.5 target set in the Paris Agreement. 2 Furthermore, the agreement to bring forward the revision of Nationally Determined Contributions (NDCs) to 2022, 3 originally scheduled for 2025, may give cause for cautious optimism, as it moves the 1.5-degree target back into the realm of possibility. For the first time since the signing of the Kyoto Protocol, direct reference is made to fossil fuels, 1 including ‘accelerating efforts towards the phasedown of unabated coal power’. At first glance, the Glasgow Climate Change Conference (COP26) has brought some progress. For a few days, all eyes were on Glasgow, watching the wrangling over the latest climate change resolutions. All subjects Allied Health Cardiology & Cardiovascular Medicine Dentistry Emergency Medicine & Critical Care Endocrinology & Metabolism Environmental Science General Medicine Geriatrics Infectious Diseases Medico-legal Neurology Nursing Nutrition Obstetrics & Gynecology Oncology Orthopaedics & Sports Medicine Otolaryngology Palliative Medicine & Chronic Care Pediatrics Pharmacology & Toxicology Psychiatry & Psychology Public Health Pulmonary & Respiratory Medicine Radiology Research Methods & Evaluation Rheumatology Surgery Tropical Medicine Veterinary Medicine Cell Biology Clinical Biochemistry Environmental Science Life Sciences Neuroscience Pharmacology & Toxicology Biomedical Engineering Engineering & Computing Environmental Engineering Materials Science Anthropology & Archaeology Communication & Media Studies Criminology & Criminal Justice Cultural Studies Economics & Development Education Environmental Studies Ethnic Studies Family Studies Gender Studies Geography Gerontology & Aging Group Studies History Information Science Interpersonal Violence Language & Linguistics Law Management & Organization Studies Marketing & Hospitality Music Peace Studies & Conflict Resolution Philosophy Politics & International Relations Psychoanalysis Psychology & Counseling Public Administration Regional Studies Religion Research Methods & Evaluation Science & Society Studies Social Work & Social Policy Sociology Special Education Urban Studies & Planning BROWSE JOURNALSĪfter two years of a seemingly endless pandemic, global attention returned, at least briefly, to a crisis of even greater magnitude in early November 2021.
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