{"title":"Book review: Julia Miller Cantzler, Environmental Justice as Decolonization: Political Contention, Innovation and Resistance over Indigenous Fishing Rights in Australia, New Zealand, and the United States (Routledge, Abingdon 2021) 220 pp.","authors":"J. Nakamura","doi":"10.4337/jhre.2023.01.06","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.06","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44585426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article addresses the discourse on the prospective human right to energy and assesses challenges to its full recognition, drawing on an analogy to the human right to water. Initially, we offer a bird’s eye view of the normative framework that governs the human right to energy by discussing its development. Our discussion is based on the issue of energy access, and is supported by the concepts of sustainable development and energy justice. Subsequently, we argue that the intractability of the challenges associated with the recognition of a right to energy are more apparent than real. Finally, to facilitate the recognition of the human right to energy, we suggest making the inherent link between energy services and human dignity more explicit.
{"title":"The human right to energy: drawing lessons from the development of the human right to water","authors":"A. Quintavalla, Franz Kienzl, I. Samkharadze","doi":"10.4337/jhre.2023.01.03","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.03","url":null,"abstract":"This article addresses the discourse on the prospective human right to energy and assesses challenges to its full recognition, drawing on an analogy to the human right to water. Initially, we offer a bird’s eye view of the normative framework that governs the human right to energy by discussing its development. Our discussion is based on the issue of energy access, and is supported by the concepts of sustainable development and energy justice. Subsequently, we argue that the intractability of the challenges associated with the recognition of a right to energy are more apparent than real. Finally, to facilitate the recognition of the human right to energy, we suggest making the inherent link between energy services and human dignity more explicit.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43403928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Maria Antonia Tigre, Natalia Urzola, Alexandra Goodman
Climate litigation is a hot topic. Worldwide, jurisdictions are being presented with novel legal cases aiming to address the devastating effects of climate change. Domestic, regional and international courts are facing the challenge, deciding climate-related cases by using a myriad of approaches. Latin America is host to many of these climate litigation cases. Yet, in mainstream climate litigation literature, the role of litigation in Latin America is often overlooked, especially the role of litigation in ‘peripheral’ claims. We argue that limiting the definition of climate litigation to cases that directly invoke climate-change-related claims, albeit useful, ignores a significant number of cases with potentially strong influence in climate governance. We contend that Latin America provides a wide and relevant range of climate cases that could inform how climate governance is shaped, but that the majority of these cases rely on ‘peripheral’ climate claims: that is, on claims that may not directly mention climate change laws or data but which nevertheless have an impact on climate governance. Some of these claims refer to biodiversity protection (ie in the Amazon basin), while others appeal to climate change causes (ie air pollution). Furthermore, cases with innovative approaches such as those invoking the Rights of Nature or Intergenerational Equity also touch upon climate governance and the human–nature relationship. This article draws on the expanding body of climate-related cases in Latin America in order to assess the role of the region in advancing climate litigation.
{"title":"Climate litigation in Latin America: is the region quietly leading a revolution?","authors":"Maria Antonia Tigre, Natalia Urzola, Alexandra Goodman","doi":"10.4337/jhre.2023.01.04","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.04","url":null,"abstract":"Climate litigation is a hot topic. Worldwide, jurisdictions are being presented with novel legal cases aiming to address the devastating effects of climate change. Domestic, regional and international courts are facing the challenge, deciding climate-related cases by using a myriad of approaches. Latin America is host to many of these climate litigation cases. Yet, in mainstream climate litigation literature, the role of litigation in Latin America is often overlooked, especially the role of litigation in ‘peripheral’ claims. We argue that limiting the definition of climate litigation to cases that directly invoke climate-change-related claims, albeit useful, ignores a significant number of cases with potentially strong influence in climate governance. We contend that Latin America provides a wide and relevant range of climate cases that could inform how climate governance is shaped, but that the majority of these cases rely on ‘peripheral’ climate claims: that is, on claims that may not directly mention climate change laws or data but which nevertheless have an impact on climate governance. Some of these claims refer to biodiversity protection (ie in the Amazon basin), while others appeal to climate change causes (ie air pollution). Furthermore, cases with innovative approaches such as those invoking the Rights of Nature or Intergenerational Equity also touch upon climate governance and the human–nature relationship. This article draws on the expanding body of climate-related cases in Latin America in order to assess the role of the region in advancing climate litigation.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43996506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Quiet revolutions from necessary evolutions? Four contemporary normative developments","authors":"","doi":"10.4337/jhre.2023.01.00","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.00","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46795546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Alison Assiter, A New Theory of Human Rights: New Materialism and Zoroastrianism (Rowman & Littlefield, London 2021) 192 pp.","authors":"M. Binetti","doi":"10.4337/jhre.2023.01.05","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.05","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"1 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41648855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate Agreement. Despite these tensions, little scholarly attention has been paid to the regulations that govern how industry and trade groups may participate in the work of international organizations. Specifically, little attention has been devoted to how those regulations could best capture the potential benefits of business engagement while restraining the potential harms. This article offers a history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining their participation, and develops a framework for regulations to govern their access.
{"title":"Industry groups in international governance: a framework for reform","authors":"Melissa J. Durkee","doi":"10.4337/jhre.2023.01.01","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.01","url":null,"abstract":"The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate Agreement. Despite these tensions, little scholarly attention has been paid to the regulations that govern how industry and trade groups may participate in the work of international organizations. Specifically, little attention has been devoted to how those regulations could best capture the potential benefits of business engagement while restraining the potential harms. This article offers a history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining their participation, and develops a framework for regulations to govern their access.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41665967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial: Against closure: in search of pluralities and breakthroughs","authors":"","doi":"10.4337/jhre.2022.02.00","DOIUrl":"https://doi.org/10.4337/jhre.2022.02.00","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46974993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the substantive content of human rights obligations in Articles 2 and 8 of the European Convention on Human Rights (ECHR) in the context of the Paris Agreement. It presents the argument that to comply with the positive obligation to secure human rights from the threats of climate change impacts, ECHR parties must take all adequate and appropriate measures at the level of their highest possible ambition to hold temperature increases to well below 2°C above pre-industrial levels, and to pursue efforts to hold them to 1.5°C. Achieving this temperature goal necessitates the immediate, rapid, deep and sustained reduction of greenhouse gas (GHG) emissions so as to achieve a balance of emissions and removals (‘global climate neutrality’) by mid-century and net-negative GHG emissions thereafter. This requires each state to act with due diligence in having a comprehensive, effective and fair legal, administrative and institutional framework in place in order to pursue this temperature goal and to ensure its implementation, compliance and enforcement.
{"title":"The climate change dimension of human rights: due diligence and states’ positive obligations","authors":"C. Voigt","doi":"10.4337/jhre.2022.00.05","DOIUrl":"https://doi.org/10.4337/jhre.2022.00.05","url":null,"abstract":"This article analyses the substantive content of human rights obligations in Articles 2 and 8 of the European Convention on Human Rights (ECHR) in the context of the Paris Agreement. It presents the argument that to comply with the positive obligation to secure human rights from the threats of climate change impacts, ECHR parties must take all adequate and appropriate measures at the level of their highest possible ambition to hold temperature increases to well below 2°C above pre-industrial levels, and to pursue efforts to hold them to 1.5°C. Achieving this temperature goal necessitates the immediate, rapid, deep and sustained reduction of greenhouse gas (GHG) emissions so as to achieve a balance of emissions and removals (‘global climate neutrality’) by mid-century and net-negative GHG emissions thereafter. This requires each state to act with due diligence in having a comprehensive, effective and fair legal, administrative and institutional framework in place in order to pursue this temperature goal and to ensure its implementation, compliance and enforcement.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48914786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Strasbourg Principles were drafted by a group of human rights and environmental law experts who were brought together by the Conference ‘Human Rights for the Planet’ held in 2020 at the European Court of Human Right in Strasbourg and by the present Special Issue of the Journal of Human Rights and the Environment.* The Strasbourg Principles of International Environmental Human Rights Law are a uniform restatement of general principles that have emerged in international human rights law in the context of the environment. They are intended to be used by judges and other legal professionals engaged in international litigation of environmental matters.
{"title":"The Strasbourg Principles of International Environmental Human Rights Law – 2022","authors":"","doi":"10.4337/jhre.2022.00.07","DOIUrl":"https://doi.org/10.4337/jhre.2022.00.07","url":null,"abstract":"The Strasbourg Principles were drafted by a group of human rights and environmental law experts who were brought together by the Conference ‘Human Rights for the Planet’ held in 2020 at the European Court of Human Right in Strasbourg and by the present Special Issue of the Journal of Human Rights and the Environment.* The Strasbourg Principles of International Environmental Human Rights Law are a uniform restatement of general principles that have emerged in international human rights law in the context of the environment. They are intended to be used by judges and other legal professionals engaged in international litigation of environmental matters.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44992685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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