scholarly journals The Shifting Status of Cities in International Law? A Review, Several Questions and a Straight Answer

2021 ◽  
Vol 30 (1) ◽  
pp. 15-36
Author(s):  
Giuseppe Nesi
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Local Authorities ◽  
Multilateral Negotiations ◽  
The Status ◽  
Global Concern ◽  
Transnational City

Witnessing the sometimes confusing and often nebulous debate on the position of cities in international law, one could wonder what cities are and what they do in contemporary international law. One could also wonder whether allowing cities to actively participate in the formation and implementation of international norms, and to contribute to international multilateral negotiations on issues of global concern such as sustainable development, climate change or human rights, does really imply a change in their status in international law. In this contribution, the reasons why cities are not subjects of international law, or better, why cities and local authorities still matter in international law because they are part of a State, are systematically assessed. Specific attention is paid to the status and role of transnational city networks. Before concluding, this article makes some final comments on the prospects for cities and transnational city networks in international law.

scholarly journals Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study

2013 ◽  
Vol 2 (2) ◽  
pp. 41-58
Author(s):  
Piyali Sengupta
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Environmental Disaster ◽  
Complex Issue ◽  
Public International Law ◽  
Environmental Refugees ◽  
The Status ◽  
The Impact ◽  
Climate Refugees

In recent years, climate change is emerging as a major environmental disaster. The impact of such disasters has been the rise in global temperature and flooding of coastal zone communities, frequent droughts and disruptions in rainfall pattern. This has resulted in the increase in the number of environmental refugees. Climate change disasters constitute a major reason for displacement of population than war and persecution. Climate induced migration is a highly complex issue. The status of climate refugees is not recognized in the international framework. The non recognition of these victims in international and national legislations has not only deprived them of their basic human rights but has also raised crucial questions relating to their existence and identity. This paper tries to bring out the lacunae in the present policy and legal framework relating to environmental refugees with reference to the non-refoulement principle. Further, the paper emphasizes on the need to include climate refugees under the term „refugee‟ as laid down in the United Nations Convention relating to the Status of Refugees, 1951and provides suggestions for improving the condition and protection of this hitherto neglected population.

scholarly journals World Peace - Role of UN

2021 ◽  
Vol 9 (9) ◽  
pp. 245-247
Author(s):  
Himanshu Srivastava
Keyword(s):  
Climate Change ◽  
Adverse Effect ◽  
Human Rights ◽  
International Law ◽  
Nuclear Weapons ◽  
Armed Conflicts ◽  
World Peace ◽  
The World ◽  
Peace And Security

Abstract: When we talk about world peace and issues that are to be addressed then we are talking about all the big and small issues which are directly or even indirectly related to human rights, health, international law, justice, migration, oceans and seas, peace and security, population, refugees, water, gender equality, democracy, climate change, e.t.c. The Purpose of the study is that we have to understand the cause of armed conflicts. We have to develop the ways to prevent the war like situations, genocide, terrorism, e.t.c. Furthermore, we have to develop some systems and societies which can take care of all these. We have to educate ourselves and others to increase the awareness of mutual survival. We have to work on the elimination of all biological, chemical, and nuclear weapons in the world. Furthermore, we have to promote democracy with education because democracy without education is dangerous. The adverse effect of this can be remembered by how the dictatorship of Hitler came to an end in Germany.

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

scholarly journals Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights

2021 ◽  
pp. 300-327
Author(s):  
Florabel Quispe Remón
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Next Of Kin ◽  
Human Right ◽  
Origin And Evolution ◽  
Role Of The State ◽  
The Status ◽  
The Right

The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.

scholarly journals Climate Change and the Convention Relating to the Status of Refugees of 28 July 1951

2021 ◽  
Vol 10 (1) ◽  
pp. 103-120
Author(s):  
Przemysław Osóbka
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Geneva Convention ◽  
Human Migration ◽  
Intergovernmental Panel ◽  
Human Rights Treaties ◽  
The Status ◽  
United Nations Convention

The article deals with The United Nations Convention relating to the Status of Refugees, Geneva, 28.7.1951 in the context of climate change consequences. Refuge is strictly defined category in the acts of international law. It does not include environmental and climatic reasons to leave one’s country of origin. However, in 1990, the Intergovernmental Panel on Climate Change (IPCC) drew attention to the fact that human migration could be one of the greatest effects of climate change. The author also analyzes the meaning of the provisions of Article 3 and Article 8 ECHR in the discussed area. The article tries to give an answer to the question whether and why it is necessary to apply the Geneva Convention to climate change refugees if they can be protected under core human rights treaties. It is of greatest interest to the extent where if refers to the climate change refugees situation in New Zeeland and Australia. These states seem to be pioneers in giving refugees protection due to climate change consequences. Probably adaptation of the 1951 Convention to the challenges facing the international community in connection with climate change will in itself become an expression of its responsibility for the consequences of these changes and their impact on individuals and entire communities.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Reforming the Role of the African Commission on Human and Peoples’ Rights in Advancing Democratic Principles and Human Rights in African Countries: An Examination Using the Lens of Swaziland/ eSwatini

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
African Countries ◽  
Individual Country ◽  
The Status ◽  
Effective Role ◽  
Limited Compliance ◽  
Fact Finding ◽  
Democratic Principles ◽  
African Commission

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.

The Implementation Approach of LCCF Checklist in Development Control: Challenges for policymakers

2019 ◽  
Vol 4 (12) ◽  
Author(s):  
T B A
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Carbon Emissions ◽  
Local Authority ◽  
Survey Methods ◽  
Local Level ◽  
Control Process ◽  
Low Carbon ◽  
Local Authorities ◽  
Development Control

Global warming, climate change is now affecting the world. The effort of the leaders to achieving the sustainable development is from New Urban Agenda (NUA), Sustainable Development Goals (SDG’s) and local level is local authorities.  SDG’s goal number 13 takes urgent action to combat climate change and its impact also SDG’s number 11 to sustainable cities and communities. The gap of this paper  Different cities face different challenges and issues. Local authorities will play a significant role in undertaking policy initiatives to combat carbon emissions of the city. Low Carbon Cities (LCC) is to reduce carbon emissions in all human activities in cities.  The objective of this paper is by applying the LCCF Checklist in planning permission for sustainable development. The methodology of this research is a mixed-method, namely quantitative and qualitative approach. The survey methods are by interview, questionnaire, and observation. Town planners are the subject matter expert in managing the planning permission submission for the development control of their areas. Descriptive statistical analysis will be used to show the willingness of the stakeholders, namely the developers and planning consultants in implementing of the LCCF. The contribution of this research will gauge readiness at the local authorities level. The findings of the LCCF checklist are identified as important in planning permission into the development control process. Surprisingly, that challenges and issues exist in multifaceted policy implementation the LCCF Checklist in a local authority. Finally based on Subang Jaya Municipal Councils, the existing approach in the application of the LCCF Checklist in the development control process will be useful for development control in a local authority towards sustainable development.  

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

scholarly journals Lyell, the Geikies and Croll's observations on terrestrial glacial sediments and landforms

2021 ◽  
pp. 1-14
Author(s):  
James ROSE
Keyword(s):  
Climate Change ◽  
High Quality ◽  
Glacial Sediments ◽  
Direct Observations ◽  
The Social ◽  
The Status ◽  
Social And Physical Environment ◽  
Glacial Landforms

ABSTRACT Within the context of the work and achievements of James Croll, this paper reviews the records of direct observations of glacial landforms and sediments made by Charles Lyell, Archibald and James Geikie and James Croll himself, in order to evaluate their contributions to the sciences of glacial geology and Quaternary environmental change. The paper outlines the social and physical environment of Croll's youth and contrasts this with the status and experiences of Lyell and the Geikies. It also outlines the character and role of the ‘Glasgow School’ of geologists, who stimulated Croll's interest into the causes of climate change and directed his focus to the glacial and ‘interglacial’ deposits of central Scotland. Contributions are outlined in chronological order, drawing attention to: (i) Lyell's high-quality observations and interpretations of glacial features in Glen Clova and Strathmore and his subsequent rejection of the glacial theory in favour of processes attributed to floating icebergs; (ii) the significant impact of Archibald Geikie's 1863 paper on the ‘glacial drift of Scotland’, which firmly established the land-ice theory; (iii) the fact that, despite James Croll's inherent dislike of geology and fieldwork, he provided high-quality descriptions and interpretations of the landforms and sediments of central Scotland in order to test his theory of climate change; and (iv) the great communication skills of James Geikie, enhanced by contacts and evidence from around the world. It is concluded that whilst direct observations of glacial landforms and sediments were critical to the long-term development of the study of glaciation, the acceptance of this theory was dependent also upon the skills, personality and status of the Geikies and Croll, who developed and promoted the concepts. Sadly, the subsequent rejection of the land-ice concept by Lyell resulted in the same factors challenging the acceptance of the glacial theory.

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