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Full-Text Articles in Law

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival Nov 2012

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Robert Percival

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …


Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson May 2012

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …


Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi Apr 2012

Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi

Dissertations & Theses

The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …


Investment Agreements & Sustainable Development: The Non-Discrimination Standards, Marcos Orellana Mar 2012

Investment Agreements & Sustainable Development: The Non-Discrimination Standards, Marcos Orellana

Sustainable Development Law & Policy

No abstract provided.


Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur Mar 2012

Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur

Sustainable Development Law & Policy

No abstract provided.


The Tortuous Road To Liability: A Critical Survey On Climate Change Litigation In Europe And North America, Luciano Butti Mar 2012

The Tortuous Road To Liability: A Critical Survey On Climate Change Litigation In Europe And North America, Luciano Butti

Sustainable Development Law & Policy

No abstract provided.


The Primary Right, Carter Dillard Jan 2012

The Primary Right, Carter Dillard

Carter Dillard

As climate change materializes, legal theorists face the urgent need to develop a normative baseline for environmental regulation. Meanwhile, in the seemingly unrelated field of political exit theory, theorists have presumed that while one ought to be able to exit any polity one cannot exit all polities. This essay challenges that presumption, and simultaneously addresses the baseline problem in environmental law, by combining the analyses to develop a new human right derived from exit right theory called the primary right: a general claim-right of reasonable access to wilderness. The derivation is simple: If consent is necessary to justify political association, …


Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly Dec 2011

Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly

Erin Daly

More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …


Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy Dec 2011

Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т. Р. Екологізація міжнародного права крізь призму екологічних прав людини / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол.: С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), М. А. Польовий (відп. секр.) [та ін.] ; НУ «ОЮА», Південноукр. центр гендер. проблем. – Одеса, 2012. – Вип. 44. – С. 130-143. In the article analyzed the tendencies the ecologisation of international law through the prism of environmental human rights. Characterized the content of environmental-legal norms of international law and relationships of environmental human rights and international environmental law. В статті проаналізовані тенденції …