Routledge Handbook of Human Rights and Climate Governance

452 Pages·2018·2.691 MB·English

by  Sébastien Duyck, Sébastien Jodoin, Alyssa Johl

Routledge Handbook of Human
Rights and Climate Governance
Over the last decade, the world has increasingly grappled with the complex linkages emerging
between efforts to combat climate change and to protect human rights around the world. The
Paris Climate Agreement adopted in December 2015 recognized the necessity for governments
to take into consideration their human rights obligations when taking climate action. However,
important gaps remain in understanding how human rights can be used in practice to develop and
implement effective and equitable solutions to climate change at multiple levels of governance.
This book brings together leading scholars and practitioners to offer a timely and comprehensive
analysis of the opportunities and challenges for integrating human rights in diverse areas and
forms of global climate governance. The first half of the book explores how human rights
principles and obligations can be used to reconceive climate governance and shape responses
to particular aspects of climate change. The second half of the book identifies lessons in the
integration of human rights in climate advocacy and governance and sets out future directions
in this burgeoning domain.
Featuring a diverse range of contributors and case studies, this Handbook will be an essential
resource for students, scholars, practitioners and policy makers with an interest in climate law
and governance, human rights and international environmental law.
Sébastien Duyck is a Senior Attorney at the Center for International Environmental Law, USA,
and an affiliated researcher at the Northern Institute for Environmental and Minority Law/
Arctic Centre, University of Lapland, Finland.
Sébastien Jodoin is an Assistant Professor in the Faculty of Law at McGill University, Canada,
and an Associate Member of the McGill School of Environment.
Alyssa Johl is a founding member of the Climate Rights Collective. She previously served as a
Senior Attorney at the Center for International Environmental Law, USA.

Routledge Handbook
of Human Rights and
Climate Governance
Edited by Sébastien Duyck, Sébastien
Jodoin and Alyssa Johl
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 selection and editorial matter, Sébastien Duyck, Sébastien Jodoin and Alyssa Johl;
individual chapters, the contributors
The right of Sébastien Duyck, Sébastien Jodoin and Alyssa Johl to be identified as the
authors of the editorial material, and of the authors for their individual chapters, has
been asserted in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in
any form or by any electronic, mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent to
infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-23245-7 (hbk)
ISBN: 978-1-315-31257-6 (ebk)
Typeset in Bembo
by Apex CoVantage, LLC
Contents
List of figures ix
Notes on contributors x
Foreword xix
Sheila Watt-Cloutier
Preface xxi
PART I
Conceptual foundations 1
1 Integrating human rights in global climate governance: an introduction 3
Sébastien Duyck, Sébastien Jodoin, and Alyssa Johl
2 Analyzing rights discourses in the international climate regime 16
Katherine Lofts
3 Climate change and human rights: fragmentation, interplay, and
institutional linkages 31
Annalisa Savaresi
4 Local rights claims in international negotiations: transnational human
rights networks at the climate conferences 43
Andrea Schapper
5 Rights, representation and recognition: practicing advocacy for
women and Indigenous Peoples in UN climate negotiations 58
Linda Wallbott
PART II
International framework 73
6 State responsibility for human rights violations associated with climate change 75
Margaretha Wewerinke-Singh
v
Contents
7 Climate change impacts: human rights in climate adaptation and loss
and damage 90
Sven Harmeling
8 Human rights and climate displacement and migration 110
Alice Thomas
9 Climate change under regional human rights systems 128
Sumudu Anopama Atapattu
10 From Copenhagen to Paris at the UN Human Rights Council: when
climate change became a human rights issue 145
Felix Kirchmeier and Yves Lador
PART III
Early lessons 165
11 Look before you jump: assessing the potential influence of the human
rights bandwagon on domestic climate policy 167
Sébastien Jodoin, Rosine Faucher, and Katherine Lofts
12 Rights, justice, and REDD+: lessons from climate advocacy and early
implementation in the Amazon Basin 183
Deborah Delgado Pugley
13 Protecting Indigenous Peoples’ land rights in global climate governance 199
Ademola Oluborode Jegede
14 The indigenous rights framework and climate change 213
Ben Powless
15 Using the Paris Agreement’s ambition ratcheting mechanisms to
expose insufficient protection of human rights in formulating national
climate policies 222
Donald A. Brown
PART IV
Stakeholder perspectives 237
16 From Marrakesh to Marrakesh: the rise of gender equality in the
global climate governance and climate action 239
Anne Barre, Irene Dankelman, Anke Stock, Eleanor Blomstrom,
and Bridget Burns
vi
Contents
17 Energy justice: the intersection of human rights and climate justice 251
Allison Silverman
18 Overlooked and undermined: child rights and climate change 259
Joni Pegram
19 Human rights, differentiated responsibilities? Advancing equity and
human rights in the climate change regime 266
Gita Parihar and Kate Dooley
20 Climate justice and human rights 280
Doreen Stabinsky
21 Securing workers’ rights in the transition to a low-carbon world: the
just transition concept and its evolution 292
Edouard Morena
PART V
Regional case studies 299
22 ‘There Is No Time Left’: climate change, environmental threats, and
human rights in Turkana County, Kenya 301
Katharina Rall and Felix Horne
23 Human rights and climate change: focusing on South Asia 312
Vositha Wijenayake
24 Climate change and the European Court of Human Rights: future potentials 319
Heta Heiskanen
25 Are Europeans equal with regard to the health impact of climate change? 325
Isabell Büschel
26 Integrating a human rights–based approach to address climate change
impacts in Latin America: case studies from Bolivia and Peru 332
Andrea Rodriguez and María José Veramendi Villa
27 Connecting human rights and short-lived climate pollutants: the Arctic angle 339
Sabaa A. Khan
28 Climate change and human rights in the Commonwealth Caribbean:
case studies of The Bahamas and Trinidad and Tobago 347
Lisa Benjamin and Rueanna Haynes
vii
Contents
PART VI
Future directions 357
29 Mobilizing human rights to combat climate change through litigation 359
Abby Rubinson Vollmer
30 Human rights and land-based carbon mitigation 372
Kate Dooley
31 Climate change: human rights and private remedies 380
Nathalie Chalifour, Heather Mcleod-Kilmurray, and Lynda M. Collins
32 Towards responsible renewable energy: assessing 50 wind and
hydropower companies’ human rights policies in the context of rising
allegations of abuse 387
Eniko Horvath and Kasumi Maeda
33 Intersectionalities, human rights, and climate change: emerging
linkages in the practice of the UN human rights monitoring system 397
Joanna Bourke Martignoni
34 Climate change, human rights, and divestment 405
Basil Ugochukwu
Index 421
viii
Figures
4.1 The boomerang pattern fostering institutional interaction 52
16.1 Principles of gender mainstreaming 243
32.1 Total number of approaches to wind and hydropower companies with
human rights allegations 388
32.2 Company references to UNGPs 389
32.3 UN guiding principles on business and human rights 390
32.4 Summary of the outreach to wind, utility and hydropower companies 391
ix