Foreword |
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xiii | |
Acknowledgements |
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xvii | |
About the author |
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xix | |
Abbreviations |
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xxi | |
Introduction: Framing the issues |
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1 | (12) |
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1 The multi-faceted nature of climate change |
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4 | (1) |
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2 The human dimension of climate change |
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5 | (1) |
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3 The theoretical framework |
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6 | (2) |
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8 | (1) |
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9 | (4) |
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PART I Legal aspects and human rights framework |
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13 | (140) |
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1 International legal framework governing climate change: A human rights assessment |
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15 | (22) |
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19 | (1) |
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2 Divisions within the global community |
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19 | (2) |
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3 The United Nations Framework Convention on Climate Change |
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21 | (2) |
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23 | (1) |
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5 Post-Kyoto developments |
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24 | (11) |
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35 | (2) |
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2 Human rights approaches to environmental protection |
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37 | (31) |
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1 An overview of human rights |
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39 | (5) |
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44 | (3) |
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3 Different approaches to and jurisprudential bases for human rights and the environment |
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47 | (2) |
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4 Pros and cons of using a human rights framework for environmental issues |
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49 | (2) |
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5 Evolution of a right to environment under international law |
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51 | (11) |
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6 Extraterritorial dimension of human rights obligations |
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62 | (2) |
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7 Environment (climate) justice as a framework |
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64 | (2) |
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66 | (2) |
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3 Climate change and human rights: A justice issue? |
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68 | (32) |
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68 | (1) |
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2 Link between climate change and human rights and the report of the UN High Commissioner for Human Rights |
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69 | (6) |
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3 Substantive and procedural rights at risk |
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75 | (11) |
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4 Identification of rights holders and duty bearers |
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86 | (2) |
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88 | (1) |
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6 Extraterritorial dimension of human rights obligations and climate change |
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89 | (2) |
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7 Utility of a stand-alone right to a healthy environment |
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91 | (2) |
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8 Climate justice framework |
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93 | (5) |
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9 Challenges of using a human rights approach to climate change |
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98 | (2) |
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4 International environmental law principles and climate change: A rights and justice assessment |
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100 | (25) |
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100 | (2) |
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2 Role of equity and fairness |
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102 | (5) |
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3 Principles of international environmental law in the climate regime |
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107 | (17) |
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124 | (1) |
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5 Mitigation and adaptation through a human rights lens |
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125 | (28) |
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125 | (2) |
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2 Equity, justice and fairness |
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127 | (1) |
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3 Climate change mitigation |
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128 | (13) |
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141 | (9) |
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150 | (3) |
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PART II Human rights and vulnerable groups |
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153 | (66) |
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6 Climate-related migration and "climate refugees" |
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155 | (21) |
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155 | (2) |
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2 Scale of the problem and projections of future refugees |
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157 | (2) |
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159 | (3) |
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4 What is in a name? Defining climate migrants |
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162 | (4) |
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5 What kind of protection is envisaged? |
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166 | (1) |
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6 Small island states and displacement |
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166 | (1) |
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167 | (5) |
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8 Possible legal framework based on human rights law |
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172 | (3) |
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175 | (1) |
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7 Forests, REDD and indigenous peoples |
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176 | (22) |
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176 | (3) |
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2 From RED to REDD + via REDD |
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179 | (3) |
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3 Forest governance and human rights |
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182 | (2) |
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4 REDD and participatory rights |
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184 | (7) |
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191 | (2) |
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193 | (3) |
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196 | (2) |
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8 Women, climate change and inequality |
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198 | (21) |
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1 Women and climate vulnerability |
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199 | (2) |
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2 Theoretical framework: International human rights law and CEDAW |
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201 | (1) |
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202 | (7) |
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4 Women and climate change |
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209 | (7) |
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216 | (3) |
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PART III Human rights implications of international legal issues |
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219 | (79) |
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9 Small island states and their people |
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221 | (21) |
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1 Small island states, alliances and international action on climate change |
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223 | (4) |
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2 The tale of two SIDS: The Maldives and Tuvalu |
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227 | (3) |
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3 Challenges for international law |
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230 | (10) |
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240 | (2) |
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10 Extreme weather events, access to resources and conflict: Implications for international peace and security |
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242 | (24) |
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1 Human security and climate change |
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245 | (4) |
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2 Scarcity of resources, climate migration and conflict |
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249 | (5) |
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254 | (2) |
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4 Climate change as a security issue |
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256 | (4) |
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5 Extreme weather events and disaster reduction |
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260 | (4) |
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264 | (2) |
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11 Adjudicating climate change and human rights law |
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266 | (25) |
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266 | (3) |
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2 Cases at international and regional levels |
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269 | (12) |
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3 Loss and damage mechanism |
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281 | (2) |
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283 | (3) |
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5 Other possible options: Justice for small island states? |
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286 | (3) |
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289 | (2) |
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12 Climate change and human rights: Square pegs in round holes? |
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291 | (7) |
Bibliography |
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298 | (14) |
Table of treaties and international instruments |
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312 | (3) |
Table of cases |
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315 | (2) |
Index |
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317 | |