Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind

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Date

2022

Journal Title

Journal ISSN

Volume Title

Publisher

Cambridge University Press

Abstract

International human rights law (IHRL) offers potential responses to the consequences of climate change. However, the focus of IHRL on territorial jurisdiction and the causation-based allocation of obligations does not match the global nature of climate change impacts and their indirect causation. The primary aim of this article is to respond to the jurisdictional challenge of IHRL in the context of climate change, including its indirect, slow-onset consequences such as climate change migration. It does so by suggesting a departure from(extra)territoriality and an embrace of global international cooperation obligations in IHRL.

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Keywords

International human rights law, Climate change, International environmental law, Jurisdiction, Human rights

Citation

Bellinkx, V. et al. (2022). Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind. Transnational Environmental Law 11(1), pp. 69-93. https://doi.org/10.1017/S204710252100011X