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Climate Change Class Actions In Canada, Jasminka Kalajdzic
Climate Change Class Actions In Canada, Jasminka Kalajdzic
Law Publications
Climate justice activists are increasingly looking to litigation to produce the policy changes that have eluded them in the political process. Without a codified right to a clean environment, litigants in jurisdictions like Canada must use a human rights framework to advance their cause. Recent successes in Charter class actions suggest that it is now possible to pursue constitutional damages for climate change harms. As Canadian advocates join with their international counterparts in deploying a litigation strategy, Canada's robust class action procedure may be a useful addition in the pursuit of collective climate justice. This article proceeds in four parts. …
Equitable Allocation Of Climate Adaptation Finance - Considering Income Levels Alongside Vulnerability, Patricia Galvao-Ferreira
Equitable Allocation Of Climate Adaptation Finance - Considering Income Levels Alongside Vulnerability, Patricia Galvao-Ferreira
Law Publications
The 2015 Paris Agreement elevates the goal of climate adaptation to the same level of importance as the goal of climate mitigation, and emphasizes the need to mobilize finance for climate adaptation in developing countries. As of February 2017, however, the financial gap for climate adaptation remained monumental. With the administration of US President Donald Trump threatening to interrupt American financial flows to the climate regime, developing countries are expressing growing concern about the ability of developed country parties to mobilize enough finance to meet the sizeable costs of their climate adaptation needs. In this context, the question of how …
Did The Paris Agreement Fail To Incorporate Human Rights In Operative Provisions? Not If You Consider The 2016 Dgs, Patricia Galvao-Ferreira
Did The Paris Agreement Fail To Incorporate Human Rights In Operative Provisions? Not If You Consider The 2016 Dgs, Patricia Galvao-Ferreira
Law Publications
The implementation of the Paris Agreement on climate change should follow a rights-centred approach, not only because negative climate change impacts can directly affect several human rights, but also because actions to address climate change may also provoke unintended human rights consequences. During the negotiations that led up to the signing of the Paris Agreement in December 2015, states included an explicit reference to human rights only in the preamble of the legal norm, negotiating other direct references to human rights out of operative provisions. The outcome of negotiations raised the question of whether states have missed an opportunity to …