scholarly journals Fortalecimiento institucional en materia de refugiados ambientales en México

2020 ◽  
Author(s):  
María Teresa Montalvo Romero ◽  
Ana Paola Román Hernández
Keyword(s):  
Climate Change ◽  
Legal Framework ◽  
Human Right ◽  
Government Organization ◽  
Government Institutions ◽  
Institutional Approach ◽  
Environmental Refugees ◽  
Governmental Institutions ◽  
The Right ◽  
The Relationship

RESUMEN: En la primera década del siglo XXI, el fenómeno del cambio climático ha ocasionado una serie de desastres naturales, que han puesto en entredicho, la actuación de las instituciones gubernamentales en materia de protección a los refugiados ambientales y la violación de un derecho humano básico: el derecho a un medio ambiente sano.El presente artículo tiene por objetivo presentar un análisis sobre la importancia de  Instituciones gubernamentales y su relación con la calidad institucional, para lo cual está estructurado en tres partes, la primera desarrolla el concepto  y la importancia del enfoque institucional, la segunda aborda el marco institucional en torno a la temática de refugiados ambientales y la tercera evalúa la importancia de fortalecer las instituciones gubernamentales para enfrentar esta problemática a través de la acción colectiva.Palabras clave: cambio climático, refugiados ambientales, marco jurídico, instituciones gubernamentales, acción colectiva.ABSTRACT: In the first decade of the 21st century, the phenomenon of climate change has caused a series of natural disasters, which have called into question the actions of government institutions in terms of protecting environmental refugees and the violation of a basic human right: the right to a healthy enviroment.This article aims to present an analysis on the importance of institutions and the relationship with government organization, for which it is structured in three parts, the first develops the concept and the importance of the institutional approach, the second deals with the institutional framework in around the issue of environmental refugees and the third evaluates the importance of strengthening government institutions in Mexico to address this problem through collective action.Key words: climate change, environmental refugees, legal framework, governmental institutions, institutional quality.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals German–Russian gas relations in face of the energy transition

2020 ◽  
Vol 6 (4) ◽  
pp. 406-423
Author(s):  
Kirsten Westphal
Keyword(s):  
Climate Change ◽  
Value Chain ◽  
Energy Transition ◽  
Legal Framework ◽  
Paradigm Shifts ◽  
Address Climate Change ◽  
Eu Member States ◽  
Russian Economy ◽  
The Impact ◽  
The Relationship

Russia is the world’s largest gas exporter and Germany is its most important market. Moreover, natural gas is a centerpiece of the Russian economy and the backbone of its energy supply to the Russian population. In terms of its external gas relations, Germany has always kept a special and strategic position, both in terms of volumes, but also in substance. This contribution explores the impact of the energy transition on the bilateral gas relationship. It argues that the bilateral gas relationship has been subjected to various paradigm shifts in the past, but, until recently, the relationship has been seen as in line with the strategic energy triangle of climate change/sustainability, supply security and economic competitiveness. This perception has come into question over two issues: climate change and supply security. Moreover, Germany’s authority over the conduct and the legal framework of bilateral gas relations has been increasingly contested, by Brussels, but also horizontally by other EU member states. At this stage, it is very uncertain whether both sides will manage to maintain and redefine their close energy partnership to address climate change. Decarbonizing the gas value chain would be a centerpiece. This would require a political shift away from securitization to decarbonization, not only in Germany, but even more so in the EU, and in particular, in Russia.

Right to Sanitation in Urban Areas

2019 ◽  
pp. 195-227
Author(s):  
Mathew John
Keyword(s):  
Urban Areas ◽  
Legal Framework ◽  
Fundamental Change ◽  
Human Right ◽  
Urban Sanitation ◽  
Effective Delivery ◽  
Administrative Framework ◽  
Policy Direction ◽  
The Right ◽  
Water Boards

This chapter looks at the emergence of the right to sanitation as a problem for public administration. Although sanitation has been articulated in terms of a human right, it is often unclear what this means for policy direction in relation to its administration and delivery. Indeed, it is even unclear whether there should be any fundamental change in administrative framework at all for the more effective delivery of urban sanitation. In this context this chapter recounts and critically analyses the legal framework (centred on water boards and urban local bodies) that delivers urban sanitation and the forms in which the various players are brought to account through courts and other forms of administrative regulation. Set against this background this chapter assess the connections between forms of governance and regulation, and their impact on the delivery of sanitation as a basic human right.

scholarly journals The CLIMATE CHANGE IMPACT ON THE HUMAN RIGHT TO ENVIRONMENTAL CONDITIONS OF A SPECIFIED QUALITY (SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT): SOME INTERNATIONAL ENVIRONMENTAL LAW ISSUES

2019 ◽  
Vol 36 (1) ◽  
pp. 93-112
Author(s):  
Olha Sushyk ◽  
Olena Shompol
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Environmental Conditions ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ghg Emissions ◽  
Environmental Safety ◽  
Human Right ◽  
Human Environment ◽  
The Right

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

scholarly journals THE RIGHT TO HUMAN DIGNITY IN THE SYSTEM OF CONSTITUTIONAL RIGHTS OF UKRAINE AND GERMANY

2020 ◽  
pp. 27-32
Author(s):  
O. Kosilova
Keyword(s):  
Human Dignity ◽  
Human Life ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Eral Republic ◽  
Human Right ◽  
Fundamental Value ◽  
The Right

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals Legal Exploration of Right to Health

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Tengku Noor Azira Tengku Zainudin ◽  
Mohd Zamre Mohd Zahir ◽  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Ong Tze Chin ◽  
...  
Keyword(s):  
Legal Status ◽  
World Health Organisation ◽  
Legal Framework ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Physical And Mental Health ◽  
Human Right ◽  
The Right ◽  
Legal Mechanism

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

Climate Change and the Challenges for Developing Countries in the Implementation of the Human Right to a Healthy Environment: Case of Vietnam

2021 ◽  
Vol 22 (2) ◽  
pp. 222-254
Author(s):  
Nguyen Thi Hong Yen ◽  
Nguyen Phuong Dung
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Economic Development ◽  
Risk Index ◽  
Geographic Location ◽  
Human Right ◽  
Healthy Environment ◽  
The World ◽  
The Right ◽  
Impacts Of Climate Change

Abstract Climate change is becoming the largest crisis that humans have ever faced and a major challenge to the socio-economic and prosperous development of almost every country in the world, especially developing countries. According to the Report of the 2019 Long-Term Climate Risk Index of Germanwatch, Vietnam is rated as one of the most vulnerable countries in the world to the impacts of climate change due to factors such as its geographic location, economic development model and population density. The negative impacts of climate change have become barriers for Vietnam in implementing socio-economic development policies, sustainable development goals and human rights, including the right to a healthy environment. This article will focus on clarifying the legal basis as well as the direct challenges of climate change in ensuring the right to a healthy environment in Vietnam and will recommend appropriate solutions to improve the law and capacity to enforce this right in Vietnam.

The Paradoxes of Citizenship Removal

2012 ◽  
Vol 26 (4) ◽  
pp. 792-810 ◽  
Author(s):  
Ben Herzog
Keyword(s):  
Soviet Union ◽  
Case Studies ◽  
Free Movement ◽  
Human Right ◽  
Dual Citizenship ◽  
Traditional Conception ◽  
The Soviet Union ◽  
The Right ◽  
Communist Countries ◽  
The Relationship

The Soviet Union and post-communist states are outstanding case studies of the changing meaning of expatriation and citizenship. The historical shifts in voluntary and forced expatriation and the relationship between the two signify the changing perceptions of citizenship. Although there appears to be a disjunction between the two periods, I argue that this difference is mainly in scale and is symbolic rather than a transformation of the philosophical principle that allows free movement and free emigration. Both philosophically and legally, the right to exit one’s country and emigrate is considered a basic democratic human right. However, like all philosophical and actual manifestations of this right, during both the communist and post-communist periods the right to leave was conditional. Similarly, most post-communist countries adhere to the traditional conception of citizenship that sees dual citizenship as a violation of the exclusiveness of national political membership.

scholarly journals The Right of Public Access to Legal Information: A Proposal for its Universal Recognition as a Human Right

2017 ◽  
Vol 18 (6) ◽  
pp. 1429-1496 ◽  
Author(s):  
Leesi Ebenezer Mitee
Keyword(s):  
Legal Framework ◽  
Public Access ◽  
Free Access ◽  
Human Right ◽  
Intergovernmental Organization ◽  
Legal Information ◽  
Ex Post ◽  
Global Access ◽  
The Law ◽  
The Right

This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to Legal Information. It provides the essential contents of the proposed UN Convention which incorporate The Hague Conference Guiding Principles to be Considered in Developing a Future Instrument. These contents provide valuable input for urgent interim national and regional laws and policies on public access to legal information, pending the Convention's entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote widespread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”

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