Climate Responsibility: Principles and Frameworks

One of the biggest challenges in setting out frameworks to address climate change is determining how to attribute responsibility and how to share the burden of emission reduction measures. Despite the fact that not all states are equally responsible for the climate crisis and do not have the same ability to respond to it, under the Paris Agreement they must all do what they can to keep global warming below 1.5°C.

Categories Climate Justice

Addressing Climate Migration Through the Platform on Disaster Displacement: The Practice

According to the Intergovernmental Panel on Climate Change (IPCC), the number of people displaced by natural disasters and the effects of climate change will grow exponentially over the next few decades. This second article of a two-part series presents some of the key recommendations from the 2015 Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change (Protection Agenda).

Categories Environmental Law

Addressing Climate Migration through the Platform on Disaster Displacement: The Theory

According to the Intergovernmental Panel on Climate Change (IPCC), the number of people displaced by natural disasters and the effects of climate change will grow exponentially over the next few decades. This first article of a two-part series introduces some of the challenges stemming from cross-border disaster displacement, and examines the context which led to the launch of the Platform on Disaster Displacement and the 2015 Protection Agenda.

Categories Environmental Law

Constitutionalising Environmental Protection: How to Create a Right for Nature?

The Escazú Agreement is a multilateral treaty across Latin America and the Caribbean committing to people’s right to a healthy environment. It has been signed by 24 countries and ratified by 12 in an unprecedented move to protect the environment in the region. The judicial system is an essential part of protecting and giving rights to nature.

Categories Environmental Law

Climate Law: An Analysis of the Australian Court Decision

This article examines the landmark judgment by the Australian Federal Court in Sharma v Minister for the Environment, which found that the federal minister for the environment owes all Australian children a duty of care to protect them from the devastating future impacts of the climate crisis on their health and financial wellbeing, as well as on the existence of Australia as we know it today.

Categories Environmental Law

Food Security and Human Rights: Examining Article 11(2) of the ICESCR

Article 11(2) of the International Covenant on Economic, Social and Cultural Rights protects civilians’ rights to an adequate standard of living. The current climate crisis is putting food security at risk in turn threatening the rights outlined in the convention. Arguably, the convention is not doing enough to ensure the rights entailed in this convention are upheld and is incapable of responding to environmental threats.

Categories Environmental Law