Human Rights Law as a Gap-Filler: The Invisibility of Climate Vulnerability in International Climate Change Law
Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
Standard
Human Rights Law as a Gap-Filler : The Invisibility of Climate Vulnerability in International Climate Change Law. / Nordlander, Linnéa.
A Research Agenda for Human Rights and the Environment. red. / Dina Lupin. Edward Elgar Publishing, 2023. s. 159–178.Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - CHAP
T1 - Human Rights Law as a Gap-Filler
T2 - The Invisibility of Climate Vulnerability in International Climate Change Law
AU - Nordlander, Linnéa
PY - 2023
Y1 - 2023
N2 - This chapter explores the prospects of human rights law to fill the gaps left by international climate change law on loss and damage with respect to climate change impacts experienced by Indigenous peoples in developed states. Departing from a series of cases lodged by Indigenous peoples before regional and international human rights courts and bodies, the chapter analyses the overlap between human rights interferences stemming from climate change and climate change loss and damage. It demonstrates the potential of human rights law in this respect, highlighting possibilities in loss and damage litigation, as well as the incorporation of loss and damage into the interpretation of human rights law by international oversight bodies and mechanisms. It also reflects on the limits of human rights law to this end, considering issues of distributive justice, piecemeal progress, and framing.
AB - This chapter explores the prospects of human rights law to fill the gaps left by international climate change law on loss and damage with respect to climate change impacts experienced by Indigenous peoples in developed states. Departing from a series of cases lodged by Indigenous peoples before regional and international human rights courts and bodies, the chapter analyses the overlap between human rights interferences stemming from climate change and climate change loss and damage. It demonstrates the potential of human rights law in this respect, highlighting possibilities in loss and damage litigation, as well as the incorporation of loss and damage into the interpretation of human rights law by international oversight bodies and mechanisms. It also reflects on the limits of human rights law to this end, considering issues of distributive justice, piecemeal progress, and framing.
U2 - 9781800379381
DO - 9781800379381
M3 - Book chapter
SN - 9781800379381
SP - 159
EP - 178
BT - A Research Agenda for Human Rights and the Environment
A2 - Lupin, Dina
PB - Edward Elgar Publishing
ER -
ID: 320356712