First Nations Peoples, Climate Change, Human Rights and Legal Rights

2021 ◽  
Author(s):  
Narelle Bedford ◽  
Tony McAvoy SC ◽  
Lindsey Stevenson-Graf
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Structural Change ◽  
First Nations ◽  
Legal Education ◽  
Holistic Approach ◽  
First Nation ◽  
Legal Rights ◽  
Human Rights Law ◽  
Legal Responses

This article provides a First Nations standpoint on climate change, informed by human rights law and legal education. It is co-authored by a Yuin woman who is a law academic, a Wirdi man who is a Queens Counsel, and a human rights law academic. The article argues that for any responses to climate change to be effective, they must be grounded in the perspectives, knowledge, and rights of First Nations peoples. The utility of human rights instruments to protect First Nation interests in a climate change milieu is explored at the international and domestic levels. Concomitantly, structural change must begin with the Indigenisation of legal education and the embedding of legal responses to climate change into the law curriculum. A holistic approach is necessary. 

scholarly journals The Climate Change Dimension of Business and Human Rights: The Gradual Consolidation of a Concept of ‘Climate Due Diligence’

2020 ◽  
pp. 1-27
Author(s):  
Chiara MACCHI
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
Business Process ◽  
Environmental Law ◽  
Holistic Approach ◽  
Due Diligence ◽  
Human Rights Law ◽  
Business And Human Rights ◽  
Human Rights Due Diligence

Abstract This article makes the case for a ‘holistic’ approach to human rights due diligence, arguing that such a standard must be interpreted in the light of mutually reinforcing principles of environmental law, climate law and human rights law. Through a review of emerging climate change-related litigation, it shows how a concept of ‘climate due diligence’ is gradually consolidating. Building on the United Nations Guiding Principles on Business and Human Rights, the article explores climate due diligence both as a standard of conduct and as a business process, presenting its main features. It argues that corporations should integrate climate due diligence into their processes and policies to be best prepared for likely regulatory and judicial developments, such as the upcoming European Union’s regulation on human rights and environmental due diligence.

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.

4. Domestic Abuse

Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
Legal Responses ◽  
The Family

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

Climate Change Litigation: Global Trends and Critical Issues in the Light of the Urgenda 2018 Decision and the IPCC Special Report “global Warming of 1.5 °C”

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Valentina Jacometti
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Global Warming ◽  
Climate Change Policy ◽  
Human Rights Law ◽  
Special Report ◽  
Global Trends ◽  
Change Policy ◽  
Critical Issues ◽  
Key Features

Abstract This essay highlights the major global trends and critical issues that emerged so far in climate change litigation, through the analysis of some significant cases in different jurisdictions. Climate cases involve different actors and a wide variety of claims: claims challenging specific projects or activities; lawsuits dealing with damages caused by climate change-related events and seeking compensation and/or injunctions; cases aiming at amending key features of national climate change policy and legislation. Finally, the essay identifies some trends in the very heterogeneous body of arguments that are brought before the courts, including obligations arising from international and human rights law.

Citizens' Rights and Human Rights

2010 ◽  
Vol 43 (1) ◽  
pp. 67-98 ◽  
Author(s):  
Stephen H. Legomsky
Keyword(s):  
Human Rights ◽  
World Order ◽  
The United States ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Building Community ◽  
Key Variables ◽  
Community Continuity ◽  
Present World

Given the burgeoning literature on the devaluation of national citizenship and the effects of globalization, the sources and beneficiaries of individual legal rights assume increased importance. This Article seeks to distinguish those legal rights that states should confine to their own citizens from those that flow from residence, immigration status, territorial presence, or simply personhood. Section I examines the very reasons for states to distribute citizenship in the first place. These reasons relate to participatory democracy, immigration privileges, other rights and disabilities, personal emotional fulfillment, building community, continuity over time, sovereignty, and the world order. It finds unconvincing those reasons that rest on the municipal interests of states but, given the present world order, finds those reasons that are rooted in international relations more compelling. Building on those conclusions, Section II considers a second normative question: What are the key variables that should determine whether a given legal right should be confined to citizens rather than made more generally available to all persons or at least selected classes of noncitizens? Section III then illustrates how one country—the United States—parcels out legal rights and examines whether its decisions comport with the demands of international human rights law.

scholarly journals Disability Human Rights Clinics as a model for teaching Participatory International Human Rights Lawyering

2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake
Keyword(s):  
Human Rights ◽  
Legal Education ◽  
Law School ◽  
Law Students ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Community Based ◽  
Scholarly Output ◽  
The University ◽  
New Generation

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.

People Movement in the Climate Change Context and International Law

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Change Context ◽  
People Movement

A contextual chapter which presents the prevailing analysis of climate change and people movement from an international law standpoint. International law scholarship has played a part in framing, and drawing attention to, the topic of climate change and people movement. In particular, it has made some strides in exploring and uncovering the relevance (or lack thereof) of many of public international law’s sub-branches (refugee law, human rights law, humanitarian law, etc.) to addressing such movement. The chapter synthesizes the field’s findings and highlights why further infusing it with justice dimensions is both vital and credible.

Rights as Security

2019 ◽  
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
Conceptual Analysis ◽  
Well Being ◽  
Capabilities Approach ◽  
Legal Rights ◽  
Amartya Sen ◽  
Human Rights Law ◽  
Negative Duties ◽  
The Right ◽  
Broad Meaning

The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts: security and the person. Applying an original conceptual analysis of ‘security’, it is argued that the right to security of person imposes both positive and negative duties. Also, to identify the interests to be protected by the right, we need a theory of personhood or well-being such as Amartya Sen and Martha Nussbaum’s ‘capabilities approach’. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.

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