scholarly journals Inclusion of human, ethnic and gender rights in the Nationally Determined Contributions (NDCs) of Colombia and Peru (in Spanish)

2021 ◽  
Author(s):  
María Alejandra Aguilar Herrera ◽  
◽  
Alba Paula Granados Agüero ◽  
◽  

In December 2015, the Paris Agreement was adopted at the 21st Conference of the Parties (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC). Five years after the submission the NDC proposals and their initial implementation, signatory countries had to update and share the progress of their NDCs in 2020. This study carried out by Asociación Ambiente y Sociedad, ONAMIAP (National Organization of Andean and Amazonian Indigenous Women of Peru) and RRI analyzes the degree that human rights, women’s rights, and the rights of Indigenous Peoples and Afro-descendants are included in the NDCs of Colombia and Peru, as well as in the processes related to updating them.

2018 ◽  
Vol 8 (2) ◽  
pp. 27-46
Author(s):  
Tim Cadman ◽  
Klaus Radunsky ◽  
Andrea Simonelli ◽  
Tek Maraseni

This article tracks the intergovernmental negotiations aimed at combatting human-induced greenhouse gas emissions under the United Nations Framework Convention on Climate Change from COP21 and the creation of the Paris Agreement in 2015 to COP24 in Katowice, Poland in 2018. These conferences are explored in detail, focusing on the Paris Rulebook negotiations around how to implement market- and nonmarket-based approaches to mitigating climate change, as set out in Article 6 of the Paris Agreement, and the tensions regarding the inclusion of negotiating text safeguarding human rights. A concluding section comments on the collapse of Article 6 discussions and the implications for climate justice and social quality for the Paris Agreement going forward.


2016 ◽  
Vol 55 (4) ◽  
pp. 740-755 ◽  
Author(s):  
Cara A. Horowitz

The Paris Agreement sets forth a new international legal regime aimed at strengthening the global response to climate change. It was adopted in December 2015 at the annual gathering of parties to the United Nations Framework Convention on Climate Change. The Paris Agreement sits within and implements the Convention.


2019 ◽  
Vol 2 (1) ◽  
pp. 113-119 ◽  
Author(s):  
Majid Asadnabizadeh

AbstractDevelopment of the UN Framework Convention on Climate Change Negotiations (UNFCCC) is based on the Conference of the Parties meetings. The Paris accord is a political act setting goals to, operationalize the rulebook agreement. The 24th Conference of the Parties to the United Nations Framework Convention on Climate Change in Poland agreed on a set of guidelines for implementing the landmark 2015 Paris Climate Change Agreement. Katowice was a major step forward for operationalizing the Paris Agreement perspective though the negotiations were incomplete. The Article 6 chapter- market and non-market cooperative approaches- is being sent for completion to the next COP in Santiago. The present research has stressed that in COP25, article 6 would increase high level engagement of countries to finalize guidance with a perspective to prepare a decision by the end of the COP.


2018 ◽  
Vol 43 (1) ◽  
pp. 343-368 ◽  
Author(s):  
Jonathan Kuyper ◽  
Heike Schroeder ◽  
Björn-Ola Linnér

This article takes stock of the evolution of the United Nations Framework Convention on Climate Change (UNFCCC) through the prism of three recent shifts: the move away from targeting industrial country emissions in a legally binding manner under the Kyoto Protocol to mandating voluntary contributions from all countries under the Paris Agreement; the shift from the top-down Kyoto architecture to the hybrid Paris outcome; and the broadening out from a mitigation focus under Kyoto to a triple goal comprising mitigation, adaptation, and finance under Paris. This review discusses the implications of these processes for the effectiveness, efficiency, and equity of the UNFCCC's institutional and operational settings for meeting the convention's objectives. It ends by sketching three potential scenarios facing the UNFCCC as it seeks to coordinate the Paris Agreement and its relationship to the wider landscape of global climate action.


2021 ◽  
Vol 193 ◽  
pp. 478-534

478Environment — Treaties — Interpretation — Climate change — United Nations Framework Convention on Climate Change, 1992 — Annex I — Intergovernmental Panel on Climate Change — Greenhouse gases — Emissions reduction targets — Whether Netherlands obliged to reduce greenhouse gas emissions in line with Intergovernmental Panel on Climate Change scenario — Treaty interpretationHuman rights — Treaties — Interpretation — Application — European Convention on Human Rights, 1950 — Article 2 — Right to life — Article 8 — Right to private and family life — Climate change — Greenhouse gases — Emissions reduction targets — Whether Netherlands having positive obligation to reduce greenhouse gas emissions — Principle of effective interpretation of treaties — Right to effective protectionState responsibility — Partial responsibility — Climate change — Human rights — Global problem — Treaties — United Nations Framework Convention on Climate Change, 1992 — Paris Agreement, 2015 — Whether Netherlands partially responsible for reducing global greenhouse gas emissions — Individual responsibilityRelationship of international law and municipal law — Treaties — United Nations Framework Convention on Climate Change, 1992 — Decisions of Conference of the Parties — Whether having effect in interpretation and application of domestic law — European Convention on Human Rights, 1950 — Right to life — Right to private and family life — The law of the Netherlands


Author(s):  
Sarah Louise Nash

This chapter looks at a silence that is surprising because it is well established in elite policy making of the United Nations and the international community broadly, backed up with legal documents, norms and accepted parlance, but which prior to and indeed during the Paris Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) remained on the margins of the policy-making discourse: human rights. Climate change and human rights are not unusual bedfellows, with academics drawing on the utility of human rights as an analytical approach to the societal effects of climate change, and the link also featuring frequently and prominently within UN fora. Against this background, it is notable that human rights does not have a more prominent position in the policy-making discourse on migration and climate change. For this analysis, it is important to stress that human rights is a relative silence in the policy-making discourse on the migration and climate change nexus. It is described as such because human rights do actually feature in the discourse and have been very much present in broader debates surrounding the nexus.


2016 ◽  
Vol 12 (2) ◽  
Author(s):  
Ian Bailey ◽  
Tor Hakon Jackson Inderberg

Following the 21st Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change (UNFCCC) in December 2015, governments around the world now face the task of developing strategies to meet their Intended Nationally Determined Contributions (INDCs) – UN terminology for emissions reduction goals to 2030 – and their broader contributions to the Paris Agreement’s goal of maintaining global average temperatures to well below 2°C above pre-industrial levels (UNFCCC, 2015a, article 2.1(a)). Paris represented a crucial starting point, but the decisions by Paula Bennett, New Zealand’s new minister for climate change issues, and her international counterparts will determine whether COP21 produced just warm words or genuinely charted a course to avoid the worst impacts of human-induced climate change.


2021 ◽  
Vol 193 ◽  
pp. 443-477

443Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Protection of human rights — Right to a healthy environment — Right to life — Right to health — Colombian action of protection (“acción de tutela”) of human rights — Whether appropriate mechanism for applicants to protect their rights — Climate change — Effects — International and national instruments for protection of environment — Whether Amazon an entity “subject of rights” — Whether defendants failing to protect applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Colombian Law 1753 of 2015Jurisdiction — Human rights protection — Collective rights — Appropriate mechanism to protect applicants’ rights — Acción de tutela — Whether appropriate for protection of collective rights and interests — Whether protection of environment entailing safeguarding of supra-legal individual guarantees — Whether minors can bring claim without representationTerritory — Whether territories “subject of rights” — Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Ecocentric anthropic society — Whether Amazon an entity “subject of rights”Relationship of international law and municipal law — Treaties — Paris Agreement on Climate Change, 2015 — Other international instruments — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 1976 — Protocol I additional to Geneva Conventions relating to the Protection of Victims of International Armed Conflicts, 1977 — 1972 Stockholm Declaration — United Nations Environment Programme — United Nations Conference on Environment and Development held in Rio de Janeiro, 1992 — United Nations Commission on Sustainable Development — Rio Declaration on Environment and Development — Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests — Convention on Biological Diversity, 1992 — United Nations Framework Convention on Climate Change, 1992 — Colombian Law 1844 of 2017 approving Paris Agreement — Colombian Law 1753 of 2015 — Constitution of Colombia — Whether Colombia violating its obligations under international and national law — Whether defendants failing to protect 444applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Law 1753 of 2015Human rights — Right to a healthy environment — Environmental rights — Action of protection (“acción de tutela”) in Colombia to protect human rights — Article 86 of Colombian Constitution — Popular action (“acción popular”) to protect human rights — Article 88 of Colombian Constitution — Right to life expectancy — Environmental protection — Right to enjoy a healthy environment, life and health — Relationship of environment and ecosystem with fundamental rights of life and health, and with human dignity — Fundamental rights to access water, breathe clean air and enjoy healthy environment — Right not to be sick due to environmental degradation — Right to fresh water — Right to environmental sanitationEnvironment — Territory — Whether territories “subject of rights” — Prevalence of general interest — Duty to protect natural wealth of nation — Ecological function of private property — Natural parks as inalienable, imprescriptible and unattachable — Sustainable development — Collective rights and interests — Colombian Constitutional Court Judgment C-431 of 2000 — Amazon Cooperation Treaty, 1978 — Precautionary principle — Principle of intergenerational equity — Principle of solidarity — The law of Colombia


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