Law Commons^™

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

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An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo

LLM Theses

Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a …

Regional Human Rights Regimes And Environmental Protection: A Comparison Of European And American Human Rights Regimes’ Histories, Current Law, And Opportunities For Development, Don Mccrimmon

PhD Dissertations

This work reviews the Inter-American and European human rights regimes and their abilities to respond to point-source pollution, climate change, and ecosystem conservation. It begins by reviewing leading human rights theories and the development of the relationship between human rights and the environment. It then focuses on European human rights, both under the ECHR and the CFREU, and highlights the ECHR’s ability to respond to instances of point-source-pollution though the right to privacy. The work then looks at the Inter-American human rights regime, its structure, history and ability to respond to environmental challenges. It reviews the regime’s tendency to use …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos

Archived Theses and Dissertations

Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …