A continuing mandamus to enforce rights to adequate housing in the era of super typhoons

2021 ◽  
Vol 24 (1) ◽  
pp. 120-143
Author(s):  
Amiel Ian Valdez
Keyword(s):  
Climate Change ◽  
The Philippines ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Legal Standard ◽  
Housing Rights ◽  
Domestic Courts ◽  
International Climate

The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.

scholarly journals Domestic Courts and the Paris Agreement's Climate Goals: The Need for a Comparative Approach

2019 ◽  
Vol 9 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Anna-Julia Saiger
Keyword(s):  
Climate Change ◽  
International Law ◽  
Comparative Approach ◽  
Protection Measures ◽  
Domestic Courts ◽  
Functional Understanding ◽  
International Obligations ◽  
International Climate ◽  
National Governments

AbstractDomestic courts enjoy generous attention in international political and legal climate change literature. As a result of the reluctance of national governments to pursue climate protection measures, courts are called on to enforce international climate goals. This article assesses two domestic climate change cases (the Thabametsi Case and the Vienna Airport Case) in the light of Anthea Roberts’ functional understanding of the role of domestic courts in international law. It argues that domestic courts play a pivotal role in linking international obligations of conduct with national obligations of result. This role depends on domestic contexts and, therefore, requires a comparative approach.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

scholarly journals International climate change negotiation: the role of Brazil

2019 ◽  
Vol 10 (3) ◽  
pp. 379-395
Author(s):  
Marcela Cardoso Guilles Da Conceição ◽  
Renato de Aragão Ribeiro Rodrigues ◽  
Fernanda Reis Cordeiro ◽  
Fernando Vieira Cesário ◽  
Gracie Verde Selva ◽  
...  
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
International Negotiation ◽  
Climate Change Negotiations ◽  
Essential Condition ◽  
Average Temperature ◽  
Social And Economic Development ◽  
International Climate ◽  
International Climate Change

The increase of greenhouse gases in the atmosphere raises the average temperature of the planet, triggering problems that threaten the survival of humans. Protecting the global climate from the effects of climate change is an essential condition for sustaining life. For this reason, governments, scientists, and society are joining forces to propose better solutions that could well-rounded environmentally, social and economic development relationships. International climate change negotiations involve many countries in establishing strategies to mitigate the problem. Therefore, understanding international negotiation processes and how ratified agreements impact a country is of fundamental importance. The purpose of this paper is to systematize information about how climate negotiations have progressed, detailing key moments and results, analyzing the role that Brazil played in the course of these negotiations and the country’s future perspectives.

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