Rules on Decarbonization and Humans Rights Law

DIALOGO ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 169-175
Author(s):  
Nazibrola Chinchaladze
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Environmental Law ◽  
Ghg Emissions ◽  
Private Life ◽  
Human Beings ◽  
International Environmental Law ◽  
Environmental Media ◽  
Healthy Environment ◽  
Sea Bed

In the 21st-century pandemic world faces, the challenge of global climate change in the form of temperature increase resulting in global warming, extremely crucial for small Iceland states. States from the South Pacific region are the biggest emitters of GHG. Rules of International Environmental Law are being called upon to address the protection and preservation of each environmental media including atmospheric air as substantial media for livelihood on the planet earth. Covid 19 disease strikes human’s breathing system and it is possible, that somehow this is reasoned from changes in the climate system. Thus, the rights of humans proclaimed and established on an international scale under ECHR and 1966 Covenants on separate rights of Humans are correlated with rules of environmental law, likewise, sedentary rocks on the sea bed are connected with the deep seabed, for the sustainability of their lifecycle. If the rights to life, to private and family life are protected and respected for the enjoyment by human beings, the Rules of International Environmental law on climate change mitigation are respected and implemented simultaneously because UNFCC, Paris Agreement, and Kyoto Protocol aim to protect the global atmosphere from GHG emissions ultimately to keep life on the earth, which includes Human’s opportunity to live in a healthy environment under rights to life, private life, and family living standards. The present article tries, briefly to describe how rules of IEL on Climate Change (Hard Laws) and Human Rights Norms interrelate with each other.

Cosmopolitan Justice, Responsibility, and Global Climate Change

2010 ◽  
Author(s):  
Simon Caney
Keyword(s):  
Climate Change ◽  
Global Climate Change ◽  
Global Climate ◽  
Environmental Law ◽  
Human Life ◽  
Political Life ◽  
International Environmental Law ◽  
Theory Of Justice ◽  
Common But Differentiated Responsibility

. . . It’s exciting to have a real crisis on your hands when you have spent half your political life dealing with humdrum things like the environment. . . . The world’s climate is undergoing dramatic and rapid changes. Most notably, the earth has been becoming markedly warmer, and its weather has, in addition to this, become increasingly unpredictable. These changes have had, and continue to have, important consequences for human life. In this chapter, I wish to examine what is the fairest way of dealing with the burdens created by global climate change. Who should bear the burdens? Should it be those who caused the problem? Should it be those best able to deal with the problem? Or should it be someone else? I defend a distinctive cosmopolitan theory of justice, criticize a key principle of international environmental law, and, moreover, challenge the “common but differentiated responsibility” approach that is affirmed in current international environmental law. Before considering different answers to the question of who should pay for the costs of global climate change, it is essential to be aware of both the distinct kind of theoretical challenge that global climate change raises and also the effects that climate change is having on people’s lives. Section 1 thus introduces some preliminary methodological observations on normative theorizing about global climate change. In addition, it outlines some basic background scientific claims about the impacts of climate change. Section 2 examines one common way of thinking about the duty to bear the burdens caused by climate change, namely the doctrine that those who have caused the problem are responsible for bearing the burden. It argues that this doctrine, while in many ways appealing, is more problematic than might first appear and is also incomplete in a number of different ways (sections 3 through 8). In particular, it needs to be grounded in a more general theory of justice and rights.

scholarly journals Climate Change and South Africa: A Critical Analysis of the Earthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017) Case and the Drive for Concrete Climate Practices

2020 ◽  
Vol 13 ◽  
pp. 117862211988537 ◽  
Author(s):  
Marjoné van der Bank ◽  
Jaco Karsten
Keyword(s):  
Climate Change ◽  
South Africa ◽  
Climate Change Impact ◽  
Global Climate ◽  
Environmental Law ◽  
Court Case ◽  
Healthy Environment ◽  
Change Impact ◽  
The Republic ◽  
The Impact

The findings and recommendations of this article will redound to the benefit of society considering that climate change regulation plays an important role in the promotion of a sustainable environment. The greater demand for a clean and healthy environment justifies the need for more effective regulation of climate change, and this can be achieved through climate change impact assessments. In the High Court case of EarthLife Africa Johannesburg v Minister of Environmental Affairs and Others, the court considered what the impact of the Thabametsi Power Project on the global climate and the changing climate will be if it is operated to the expected year of 2060. This judgement highlights the significance, place, and principles of climate change impact assessments in South Africa’s environmental law that has its founding principles in the Constitution of the Republic of South Africa, 1996. The Thabametsi-case contributed to environmental litigation in the manner as to how equality and the rule of law have been addressed in the court. This paper will examine the advances for climate change regulation in a jurisdiction where the Environmental Impact Assessment (EIA) Regulations currently refer to climate change explicitly.

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.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

On the Ethics of International Religious/Spiritual Gatherings and Academic Conferencing in the Era of Global Warming: A Case Study of the Parliament of The World’s Religions Melbourne 2009 - Part 1

2012 ◽  
Vol 16 (2) ◽  
pp. 179-195
Author(s):  
Almut Beringer ◽  
Steven Douglas
Keyword(s):  
Climate Change ◽  
Global Warming ◽  
Global Climate ◽  
Ghg Emissions ◽  
Ecological Impacts ◽  
Peak Oil ◽  
Ethical Challenges ◽  
Academic Events ◽  
Special Responsibility

Global climate change and its impacts have ethical dimensions, for instance carbon footprint equity concerns. World issues, including the state of the ecosphere and biodiver­sity, regularly see political leaders, NGOs, business representatives, religious/spiritual orga­nizations, academics, and others engage in international aviation-dependent meetings to address critical challenges facing humanity and the planet. Yet, climate scientists and advocates call for an 80% reduction in greenhouse gas (GHG) emissions by 2050 to cap the increase in global temperatures to 2ºC. Aviation emissions resulting from international meetings raise questions that are not silenced by GHG emissions offsetting. The era of climate change and ‘peak oil’ poses ethical challenges for holding international in-person religious and academic events, especially when the events propound an environmentalist concern and when aviation use is assumed. This paper raises ques­tions regarding the ecological impacts of large international events and focuses the ‘inconvenient truths’ associated with international aviation in the era of global warming. The Parliament of the World’s Religions, the largest multifaith gathering in the world, serves as a case study. The paper emphasizes the view that faith-based/faith-inspired organizations have a special responsibility for leadership in policy and praxis on the moral imperatives of sustainability, sustainable development and climate justice.

Greenhouse Gas Emissions Calculation Methodology in Thermal Power Plants: Case Study of Iran and Comparison With Canada

2008 ◽  
Author(s):  
Farshid Zabihian ◽  
Alan S. Fung
Keyword(s):  
Climate Change ◽  
Greenhouse Gas ◽  
Global Climate Change ◽  
Gas Turbines ◽  
Electricity Generation ◽  
Power Plants ◽  
Global Climate ◽  
Thermal Power ◽  
Ghg Emissions ◽  
Thermal Power Plants

Nowadays, the global climate change has been a worldwide concern and the greenhouse gases (GHG) emissions are considered as the primary cause of that. The United Nations Conference on Environment and Development (UNCED) divided countries into two groups: Annex I Parties and Non-Annex I Parties. Since Iran and all other countries in the Middle East are among Non-Annex I Parties, they are not required to submit annual GHG inventory report. However, the global climate change is a worldwide phenomenon so Middle Eastern countries should be involved and it is necessary to prepare such a report at least unofficially. In this paper the terminology and the methods to calculate GHG emissions will first be explained and then GHG emissions estimates for the Iranian power plants will be presented. Finally the results will be compared with GHG emissions from the Canadian electricity generation sector. The results for the Iranian power plants show that in 2005 greenhouse gas intensity for steam power plants, gas turbines and combined cycle power plants were 617, 773, and 462 g CO2eq/kWh, respectively with the overall intensity of 610 g CO2eq/kWh for all thermal power plants. This GHG intensity is directly depend on efficiency of power plants. Whereas, in 2004 GHG intensity for electricity generation sector in Canada for different fuels were as follows: Coal 1010, refined petroleum products 640, and natural gas 523 g CO2eq/kWh, which are comparable with same data for Iran. For average GHG intensity in the whole electricity generation sector the difference is much higher: Canada 222 vs. Iran 610g CO2eq/kWh. The reason is that in Canada a considerable portion of electricity is generated by hydro-electric and nuclear power plants in which they do not emit significant amount of GHG emissions. The average GHG intensity in electricity generation sector in Iran between 1995 and 2005 experienced 13% reduction. While in Canada at the same period of time there was 21% increase. However, the results demonstrate that still there are great potentials for GHG emissions reduction in Iran’s electricity generation sector.

scholarly journals The Impacts of Climate Change on Agricultural Production and Sustainable Agriculture of Smallholder Farmers in Vietnam

2021 ◽  
Vol 4 (2) ◽  
pp. 1100-1107
Author(s):  
Nguyen Van Phu
Keyword(s):  
Climate Change ◽  
Sustainable Agriculture ◽  
Supply Chains ◽  
Agricultural Land ◽  
Smallholder Farmers ◽  
Ghg Emissions ◽  
Human Beings ◽  
Negative Effects ◽  
Food Supply Chains ◽  
The World

Climate change is one of the greatest threats to human beings, and agriculture is one of the fields that is most negatively affected by climate change. Farmers around the world and global food supply chains are impacted by the more extreme weather phenomena and increased damage of diseases and pests caused by climate change. Today, almost all agricultural enterprises and farms consider climate change a serious long-term risk for their production. Agricultural land systems can produce significant greenhouse gases (GHGs) by the conversion of forests to crop- and animal lands, and also through the weak management of crops and livestock. Around the world, cultivation and cattle production accounts for 25% of global GHG emissions (Javeline, ‎2014). However, under suitable conditions, agriculture can create environmental conditions that can help minimize pollution and the negative effects of climate change including carbon absorption by green plants in forests, and fields for watershed protection and biodiversity conservation. Sustainable agriculture helps farmers to adapt, maintain, and improve productivity without applying harmful techniques. In turn, this allows farms to manage and mitigate climate-related risks in their supply chains. The Sustainable Agriculture Network (SAN) has found new ways to incorporate smart climate cultivation methods into all farming practices to help farms and enterprises carry out agriculture sustainably.

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