OUVRAGE : M. Wewerinke-Singh, State Responsibility, Climate Change and Human Rights under International Law

Margaretha WEWERINKE-SINGH

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.


TABLE OF CONTENTS

PART I

LEGAL AND CONCEPTUAL FOUNDATIONS

1. Introduction

Introduction: Climate Change as a Human Rights Issue
Climate Change, Human Rights and State Responsibility
The Science

2. International Human Rights Law

Sources of International Human Rights Law
The International Human Rights System
Interpretation
Territorial and Personal Scope of International Human Rights Treaties

3. International Climate Change Law

Introduction
The UN Framework Convention on Climate Change
Conclusion

4. The Law of State Responsibility

Introduction
The Law of State Responsibility
State Responsibility and International Human Rights Law
State Responsibility and the Climate Change Regime
Conclusion

5. Integrating Legal Frameworks in a Context of Fragmentation

Introduction
The Work of the International Law Commission on Fragmentation
The Special Characteristics of Human Rights Law as a Central Part of a Holistic Legal Framework
Exploiting Synergies between International Human Rights Law and International Climate Change Law
Conclusion

PART II

STATE RESPONSIBILITY AND REMEDIES FOR VIOLATIONS

6. Attributing Climate Change-Related Conduct to States

Introduction
The Rules on Attribution
Responsibility and Involvement of Multiple States

7. Establishing Violations of Human Rights Affected by Climate Change

The Right of Self-determination
The Right to Life
The Right to Enjoy One's Culture
The Right to the Highest Attainable Standard of Health
Conflict between Rights
Conclusion

8. Remedies for Climate Change-Related Human Rights Violations

Introduction
Cessation of Wrongful Conduct and Guarantees of Non-repetition
Duty to Make Reparations
Invocation of Responsibility
Conclusion

9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals

Introduction
Domestic Courts
National Human Rights Institutions
Regional Human Rights Bodies
The United Nations Human Rights Council
United Nations Human Rights Treaty Bodies
The International Court of Justice
Conclusion

10. Conclusion

Margaretha WEWERINKE-SINGH, State Responsibility, Climate Change and Human Rights under International Law, Oxford, Hart Publishing, 2019 (216 pp.)