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Introduction: Climate Change and Human Rights - The Situation of Discussions to Date and Challenges Ahead -

  • DONG-A LAW REVIEW
  • 2011, (52), pp.285-315
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

박태현 1

1강원대학교

Accredited

ABSTRACT

Climate change has been addressed just as one of international environment issues to date in international community. While global climate change will have tremendous impacts on all people, those who feel the most severe impacts may be in the worst position to address them and may have done the least to crate them. This disparity raises challenges basic human rights. January 2009, the Office of the U.N. High Commissioner for Human Rights became the first international human rights body to examine the relationship between climate change and human rights. The OHCHR report reaches several important conclusions. (1)climate change threatens the enjoyment of a broad array of human rights. (2)climate change does not, however, necessarily violate human rights. (3)human rights law nevertheless places duties, including an obligation of international cooperation, on states concerning climate change It should be given primacy to analyze and explicate the relationship between climate change and human rights within the framework of the body of human rights law. Nevertheless, it can't be identified so far that there exists a study related to the implications of climate change in teams of international human rights law in korea. Accordingly, the purpose of this article is to generally examine the relationship between climate change and human rights with a view to triggering an advanced study thereon. This Article is divided into four sections. First, it offers a brief overview of the situation of discussions generally before the OHCHR report was published(section Ⅱ). Second, it analyzes the nature and scope of the relationship between climate change human rights and describe human rights obligations to be placed on States by human rights laws applicable(section Ⅲ). Third, it takes a general view of the responses from States to the OHCHR report(section Ⅳ). Fourth, it examines the debate over whether or not human rights-based approach to climate change is valid or feasible and suggests what is left to be done ahead(section Ⅴ).

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