Amicus Brief – Human Rights and Climate Change
68
Report of the Special Rapporteur Knox, note 37 above, para. 86.
69
Paris Agreement, (adopted 12 December 2015, in force 4 November 2016) yet to be reported in UNTS, preamble.
70
Vienna Convention on the Law of Treaties (adopted 23 May 1969, in force 27 January 1980) 115 UNTS 331.
71
As argued in A. Savaresi, ‘Climate Change and Human Rights: Fragmentation, Interplay and Institutional Linkages’, in S. Duyck,
S. Jodoin and A. Johl, Routledge Handbook of Human Rights and Climate Governance (Routledge, forthcoming, 2017), available
at: https://ssrn.com/abstract=2902662, at 7.
72
See for example S. Humphreys (ed.), Human Rights and Climate Change (Cambridge University Press, 2009); Special Issue, 38
Georgia Journal of International and Comparative Law (2009); S. McInerney-Lankford, M. Darrow and L. Rajamani, Human Rights
and Climate Change. A Review of the International Legal Dimensions (World Bank, 2011); O. Quirico and M. Boumghar (eds.),
Climate Change and Human Rights: An International and Comparative Law Perspective (Routledge, 2016); and Special Issue, 34
Journal of Energy & Natural Resources Law (2016).
73
Resolution 10/4 (note 65 above), preamble; Resolution 18/22 (note 65 above), preamble; and Resolution 26/27 (note 65 above),
preamble.
74
Resolution 26/27 (note 65 above), para. 7.
75
Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable
environment, Mapping Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment,
Focus report on human rights and climate change, June 2014, available at: http://srenvironment.org/mapping-report-2014-2/.
76
Report of Special Rapporteur John H. Knox (note 37 above).
77
Ibid., para. 89.
78
Open Letter from Special Procedures Mandate-holders of the Human Rights Council to the State parties to the UN Framework
Convention on Climate Change on the occasion of the meeting of the Ad Hoc Working Group on the Durban Platform for Enhanced
Action in Bonn, 17 October 2014, available at: http://newsroom.unfccc.int/media/127348/human-rights-open-letter.pdf.
79
All submissions are available at: www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/UNFCCC.aspx.
80
The OHCHR hosted an expert meeting on climate change and human rights on 6-7 October 2016 in Geneva. The Draft
Recommendations elaborated at the meeting are available at: www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/
ClimateChange.aspx.
81
The acronym is a shorthand to indicate measures adopted under the climate regime to incentivise climate change mitigation in
the forest sector in developing countries, namely: reducing emissions from deforestation and forest degradation; conservation and
enhancement of forest carbon stocks; and sustainable forest management.
82
See e.g. UN-REDD Programme, Social and Environmental Principles and Criteria (2012); UN-REDD Programme, Guidelines on Free,
Prior and Informed Consent (2012); and UN-REDD Programme, Legal Companion to the UN-REDD Programme Guidelines on FPIC
(2012). All available at: www.un-redd.org. See also the Adaptation Fund, Environmental and Social Policy (2013), at 15; and Green
Climate Fund, Guiding Framework and Procedures for Accrediting National, Regional and International Implementing Entities and
Intermediaries, Including the Fund’s Fiduciary Principles and Standards and Environmental and Social Safeguards (2014), at 1.7.
83
As argued in Savaresi (note 71 above), at 13-14.
84
As noted also in the brief submitted by the Sabin Center for Climate Change Law, Columbia Law School (2016), available at:
http://columbiaclimatelaw.com/files/2016/12/Wentz-and-Burger-2016-12-Submission-Case-No.-CHR-NI-2016-0001.pdf, at 14.
85
Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between climate change and
human rights, A/HRC/10/61, 15 January 2009, para. 70.
86
Similarly, see M. Faure and A. Nollkaemper, ‘International Liability as an Instrument to Prevent and Compensate for Climate Change’
(2007) 26 Stanford Journal of International Law 123, at 130-136 and 177.
87
Report of Special Rapporteur Knox (note 37 above), paras 36-37.
88
See the compendium of cases cited in Report of the Independent Expert on the issue of human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment, John H. Knox, A/HRC/22/43, 24 December 2012, at 18-24.
89
The United Nations Framework Convention on Climate Change 1771 UNTS 163 (adopted 9 May 1992; entered into force 21
March 1994) (‘UNFCCC’) has 197 parties. The International Covenant on Civil and Political Rights 999 UNTS 171 (adopted 16
December 1966, entered into force 23 March 1976) (‘ICCPR’) has 169 parties; the International Covenant on Economic, Social
and Cultural Rights, 993 UNTS 3 (adopted 16 December 1966, entered into force 3 January 1976) (‘ICESCR’) has 165 parties; the
UN Convention on the Elimination of All Forms of Racial Discrimination, 660 UNTS 195 (adopted 7 March 1966, entered into force
4 January 1969) (‘CERD’) has 178 parties; the Convention on the Rights of the Child 1577 UNTS 3 (adopted 20 November 1989,
entered into force 2 September 1990) (‘CRC’) has 196 parties; the Convention on the Elimination of All Forms of Discrimination
against Women, 1249 UNTS 18 (adopted 18 December 1979, entered into force 3 September 1981) (‘CEDAW’) has 189 parties;
and Convention on the Rights of Persons with Disabilities, 2515 UNTS 3 (adopted 13 December 2006, entered into force 3 May
2008) (‘CRPD’) has 172 parties. Treaty membership data up to date as of 26 February 2017.
90
Report of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and
sustainable environment, A/HRC/25/53, 30 December 2013, paras. 79-81.
91
Ibid.
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