State Responsibility, Climate Change and Human Rights under International Law

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.

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