Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
14 - The Right to a Healthy Environment and Climate Change
Mismatch or Harmony?
Published online by Cambridge University Press: 08 June 2018
Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
Summary
The link between human rights and the environment has received considerable attention in recent years. Yet many issues remain unresolved, particularly in the context of climate change. Even if a right to a healthy environment is emerging under international law, it is not clear how this right can be used in relation to issues that have multiple contributors, multiple victims, and multiple sources outside state borders. This chapter seeks to discuss the link between climate change and human rights, the emerging right to a healthy environment, and what it means in the context of climate change. Does the adoption of a substantive right to a healthy environment help or hinder action in relation to climate change? Are procedural rights more beneficial? How do human rights obligations pan out in relation to mitigation and adaptation? How do these obligations apply in relation to climate migration, displacement, and vulnerable states and communities? The chapter concludes by proposing recommendations, identifying gaps, and highlighting areas for further research.
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- The Human Right to a Healthy Environment , pp. 252 - 268Publisher: Cambridge University PressPrint publication year: 2018
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