CLIMATE CHANGE MITIGATION AS AN OBLIGATION UNDER HUMAN RIGHTS TREATIES?

• 成果类型: Article
• 署名作者: Mayer, Benoit
• 署名单位: Chinese University of Hong Kong
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2021.9
• 发表日期: 2021
• 页码: 409-451
• 关键词: future generations; change litigation; Paris agreement; attribution; STATES; adaptation; principles; relevance

摘要

Judges and scholars have interpreted human rights treaties as obligating states to mitigate climate change by limiting their greenhouse gas emissions, an argument instrumental to the development of climate litigation. This Article questions the validity of this interpretation. A state's treaty obligation to protect human rights implies an obligation to cooperate on the mitigation of climate change, the Article argues, only if and inasmuch as climate change mitigation effectively protects the enjoyment of treaty rights by individuals within the state's territory or under its jurisdiction. As such, human rights treaties open only a narrow window on the applicability of general mitigation obligations arising under climate treaties and customary international law.