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Climate Change (Human Rights Committee, Ad hoc Conciliation Commission)

Wewerinke, Margaretha (2014) Climate Change (Human Rights Committee, Ad hoc Conciliation Commission). In: Litigating Transnational Human Rights Obligations. Routledge, UK, pp. 155-171. ISBN 978-0415858113

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Abstract

This contribution consists of ‘Views’ of an ad hoc Conciliation Commission established under Article 42 of the International Covenant on Civil and Political Rights (ICCPR) to deal with a fi ctive complaint submitted by ‘Atoll Island State’. The complaint addresses the problem of climate change and its adverse effects on the indigenous inhabitants of the State. These adverse effects allegedly interfere with the inhabitants’ rights protected in Articles 1 (right to self-determination), 6(1) (right to life) and 17(1) (right to freedom from interference with private and family life). The international responsibility of a respondent State is invoked based on its historical contributions to climate change and its failure to comply with international obligations to prevent dangerous climate change. It is submitted by Atoll Island State that the Respondent State could have foreseen that its acts and omissions that cause and accelerate climate change would interfere with the rights of people living on low-lying islands. In fi nding the respondent State responsible for breaches of Articles 1 and 6(1), the Commission refers to an apparent causal link between the respondent State’s failure to prevent dangerous climate change and interferences with human rights on the other. It refers to provisions of the Climate Change Convention as “relevant rules of international law applicable in the relations between the parties”. In its fi nal remarks, it reiterates that its fi ndings do not absolve Atoll Island State of its legal obligations under the Covenant and calls for international cooperation between the parties.

Item Type: Book Chapter
Subjects: K Law > K Law (General)
Divisions: Faculty of Arts, Law and Education (FALE) > School of Law
Depositing User: Fulori Nainoca
Date Deposited: 24 Feb 2017 12:59
Last Modified: 24 Feb 2017 12:59
URI: http://repository.usp.ac.fj/id/eprint/9628
UNSPECIFIED

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