scholarly journals Climate Change and Right to Development

2019 ◽  
Vol 5 ◽  
pp. 1 ◽  
Author(s):  
Vivek Mukherjee ◽  
Faizan Mustafa ◽  
◽  

The Right to Development is a relatively new right in human rights law. Although its roots may be traced to pre-world war era, Right to Development took concrete shape with the passing of the UN Declaration on the Right to Development in 1986. Some renowned academic institutions in India are making recent efforts to make the “Right to Development” a Fundamental Human Right. Climate change poses a direct threat to human rights of people, especially in tropically situated countries of the south (including India), which are coincidentally home to a large number of vulnerable/marginalized people who are considerably poor to concern themselves with issues such as climate change. Due to mounting pressure from least developed countries (LDCs) and small island developing countries (SIDSs), international community has lately shown greater interest in establishing a direct link between climate change and human rights. This interest may be a reaction to the recurrent failures in reaching a consensus in the climate change negotiations through mechanical Conference of Parties (COPs). Similar to a bottom-up approach that seems to have worked well for the Paris agreement, it was believed by experts that linking human rights to climate change would shake the conscience of the reluctant parties to act expeditiously. The importance of a human rights–based approach to climate change will be highlighted in the light of two recent developments in the climate change discourse: First, the recognition by scientists of several extreme disaster as climate change events directly violating the human rights of the vulnerable; second, the dilution of the differentiation created between developing and developed nations by the Common But Differentiated Responsibilities (CBDR) principle in the recent climate change agreements. This paper seeks to establish the efficacy of the human Right to Development (through tools such as Greenhouse Development Rights) in effectuating the third world approaches to the issue of climate change in the global south.

Author(s):  
Scott A. Hipsher

There is near universal agreement the human rights of all individuals should be respected. Yet in practice, there are differences of opinions over the universality and application of human rights in specific situations. Instead of advocating excessive scrutiny and regulation of human rights based on a single set of values, thus discouraging FDI in the least developed countries of the world; it is argued multinational enterprises can have the most positive impact on human rights by actively seeking out opportunities to operate in the areas of the world most affected by poverty. By concentrating on doing what the private sector does best, creating livelihood and purchasing options which individuals have the right to choose or reject, the private section can have a significant impact on creating wealth and reducing poverty.


2019 ◽  
Vol 36 (1) ◽  
pp. 93-112
Author(s):  
Olha Sushyk ◽  
Olena Shompol

This article discusses recognition between climate change and human rights at the international level. The analysis shows that despite the UN climate change framework does not adequately address the magnitude of the threat posed by climate change related harm to human rights, domestic, regional or international courts must take account of its provisions in deciding cases. The article argues that the causes for climate cases are diverse, whereby the most often ones are those referring to the competent public authority’s failure to fulfil its obligation to regulate limitations of the greenhouse gas (GHG) emissions.  Further identify the links between human rights and environmental protection, were apparent at least from the first international conference on the human environment, held in Stockholm in 1972. More broadly, it demonstrates international environmental agreements, were some aspects of the right to environmental conditions of a specified quality are identify.  This article discusses also theoretical issues of individual environmental rights and the right to environmental safety in Ukraine. Keywords: climate, human rights, environmental, Ukraine


Author(s):  
Ahmad Masum

The right to development is a fundamental right, the precondition of liberty, progress, justice and creativity. This right has raised many expectations and controversies over the years. Developing countries claim that the international economic and political order constitutes an obstacle to the enjoyment of the right to development for their citizens. They therefore see a need for action in the international dimension of the right to development. In their view, they are able to provide the necessary basis for the enjoyment of the right to development only if the international order becomes more conducive to the economic development of developing countries. This paper aims to examine the concept of the right to development as a ‘human right’ focusing mainly on the position of developing countries as to whether they have an obligation to work towards the realization and implementation of this right. The paper concludes that the right to development is now recognized as a ‘human right’ like other internationally accepted human rights. Thus, being a right, it entails obligations of some agents in the society, who have the power to deliver the right or adopt policies that have a high likelihood of delivering the right.  


2014 ◽  
Vol 02 (01) ◽  
pp. 1450010
Author(s):  
Dhanasree JAYARAM

India and China have been cooperating with each other at the climate change negotiations since the inception of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992. The paper makes a case that although the road has not been very smooth and has not been free of differences, the two powers have been at the forefront of decision-making in global climate governance and in this exercise, and cooperation has been more prominent than competition or rivalry. The paper analyzes the goals and positions of India at the negotiations within the larger framework of the North–South conflict and South–South cooperation. Whether it is the Common but Differentiated Responsibilities (CBDR) or the bottom-up approach toward climate change mitigation, concerns expressed by both countries have largely been similar, especially since they have championed the cause of equity and climate justice for safeguarding the developing countries' right to develop. The paper explains the manner in which India and China have played an influential role in shaping the technicalities and modalities of various climate mechanisms in the context of their relations with the other developing and least developed countries (LDCs). The paper argues that by building more South–South cooperation mechanisms related to climate change issues, India and China can bring about a just and equitable global climate order that assists developing and LDCs in tackling climate change that affects them most.


Author(s):  
Iu. Khvatov

The basic principles that guide the United Nations to allocate specific groups of countries requiring special attention from the international community to the problems of their sustainable development are described. The difference in the scale and structure of aid to the least developed countries; landlocked developing countries; small island developing countries and heavily indebted poor countries is analyzed. The specificity of the approach of the World Trade Organization to the definition of countries with preferential access to the markets and the countries with differential treatment regime is revealed. The criteria that guided the International Monetary Fund and the World Bank to identify those developing countries which have the right of access to preferential lending conditions are analyzed. It is proposed to divide all the developing countries on: high-income emerging economies; middle-income frontier economies and least developed countries.


2020 ◽  
Vol 9 (2) ◽  
pp. 184-212
Author(s):  
Ademola Oluborode Jegede

Abstract The link between climate change and human rights is being made under the instruments as well as charter and treaty bodies constituting the United Nations (UN) human rights system. Despite the efforts, the right to a safe climate does not exist under the UN human rights system. Based on the vulnerability of human populations and the essential compliance with yardsticks for a new human right, the article argues for the creation of the right to a safe climate and advances two approaches by which it can be achieved under the UN human rights system.


2020 ◽  
Vol 1 (1) ◽  
pp. 3-25
Author(s):  
Júlia Sara Accioly Quirino

RESUMO   O artigo traz a temática do Direito ao Desenvolvimento, aqui compreendido como projeto universal que se propõe à proteção dos indivíduos mediante a oferta de políticas públicas de asseguramento das condições básicas de existência digna. Nesse ínterim, o Direito ao Desenvolvimento aparece na dimensão internacional como direito humano inalienável, visando o desenvolvimento integral dos povos. Assim, resgataremos neste texto a trajetória histórica do Direito ao Desenvolvimento, sua dimensão ontológica e normativa, bem como seus objetivos, a partir da análise das normativas nacionais e internacionais que dão guarida a este direito, bem como dos movimentos de política nacional que buscaram implementar ações de empoderamento das populações vulnerabilizadas a partir dos anos de 1990.   Palavras-chave: Desenvolvimento; Direitos Humanos; Políticas Públicas.     ABSTRACT   The article deals with the theme of the Right to Development, understood here as a universal project that proposes the protection of individuals by offering public policies to ensure the basic conditions of dignified existence. In the meantime, the Right to Development appears in the international dimension as an inalienable human right, aiming at the integral development of peoples. Thus, we will rescue in this text the historical trajectory of the Right to Development, its ontological and normative dimension, as well as its objectives, from the analysis of national and international norms that give shelter to this right, as well as the national policy movements that sought to implement actions to empower vulnerable populations from the 1990s onwards.   Keywords: Development; Human rights; Public policy.


Author(s):  
Scott A. Hipsher

There is near universal agreement the human rights of all individuals should be respected. Yet in practice, there are differences of opinions over the universality and application of human rights in specific situations. Instead of advocating excessive scrutiny and regulation of human rights based on a single set of values, thus discouraging FDI in the least developed countries of the world; it is argued multinational enterprises can have the most positive impact on human rights by actively seeking out opportunities to operate in the areas of the world most affected by poverty. By concentrating on doing what the private sector does best, creating livelihood and purchasing options which individuals have the right to choose or reject, the private section can have a significant impact on creating wealth and reducing poverty.


Author(s):  
Hongbo CHEN ◽  
Ying ZHANG

Since the 1990s, the global climate governance pattern has kept evolving from the initial two camps of developed and developing countries to the current pattern of multi-polarity, featuring the withdrawal and return of Paris Agreement by the United States, the declining leadership of the EU, the coalition of BASIC countries, and the rise of the least developed countries and small island developing states as newly emerging forces. This evolution mainly results from the combined effects of three factors: (i) The changes in the carbon emission pattern driven by population, economic growth, and technological progress; (ii) the stronger influences and power of discourse of the least developed countries and small island developing states as derived from the impacts of and vulnerability to climate change; and (iii) the impacts brought about by uncertain factors such as the uncertainties in terms of science, politics, and technological progress. These factors will still affect the trend of global climate governance in the future. The carbon emissions of developed countries will continue to take a less share in the world’s total, while the proportion of India and the least developed countries in this respect will rise rapidly, which will make global climate governance face a dilemma. Technological progress and the positive actions of non-state entities indicate that the international climate system needs reform and innovation. The rapid development of China over the past three decades has been synchronized with the evolution of the global governance structure, and has naturally become one of the internal factors driving the evolution of climate governance pattern. In the face of various pressure and challenges, China has been pushed to the forefront of global climate governance. China should observe the general trends within and outside the country, and respond to them rationally: (i) Set the proper role of China in the new pattern of global climate governance, i.e. a cooperation leader who should make positive contributions and avoid premature advance; (ii) innovate the concept and institutional system of global climate governance, and study and put forward the Chinese approach that is positive, pragmatic, and operable; (iii) help low-income countries cope with climate change by virtue of renewable energy technology and industrial cooperation, and achieve a win–win situation by encouraging Chinese enterprises to “go out” and helping low-income countries effectively control carbon emissions; and (iv) strengthen the climate cooperation with non-state actors, give play to their special role, and promote China’s comprehensive reform and opening-up.


2021 ◽  
Author(s):  
Veronica Grasso

<p>Between 1970 and 2019, 79% of disasters worldwide involved weather, water, and climate-related hazards. These disasters accounted for 56% of deaths and 75% of economic losses from disasters associated with natural hazards reported during that period. As climate change continues to threaten human lives, ecosystems and economies, risk information and early warning systems (EWS) are increasingly seen as key for reducing these impacts. The majority of countries, including 88% of least developed countries and small island states, that submitted their Nationally Determined Contributions (NDCs) to UNFCCC have identified EWS as a “top priority”.<br><br>This latest multi-agency report, coordinated by WMO, highlights progress made in EWS capacity – and identifies where and how governments can invest in effective EWS to strengthen countries’ resilience to multiple weather, water and climate-related hazards. Being prepared and able to react at the right time, in the right place, can save many lives and protect the livelihoods of communities everywhere.</p>


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