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气候变化与人权:问题与路径

Climate Change and Human Rights : Issues and approach

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utting‐edge theory in recent years. The progress of International climate change negotiations makes slow change after Copenhagen conference. The countries disagree on the measures of greenhouse gas emission mitigation and the adaptation based on national interest, and the urgent need of funds and technology transfer of developing countries has not been implemented. In the time of negotiating a binding upon the climate change treaty stalled almost,through the method based on the rights and international human rights mechanism to cope with climate change become the new path selection. This paper first makes a comparison of the advantages and disadvantages between human rights law method and environmental law methods addressing climate change, analyzes the relationship between climate change and human rights,discusses the conditions and obstacle existing in international human rights mechanism applied to climate change, at last forecasts the development trend of human rights method of the climate change and path selection .

Abstract

utting‐edge theory in recent years. The progress of International climate change negotiations makes slow change after Copenhagen conference. The countries disagree on the measures of greenhouse gas emission mitigation and the adaptation based on national interest, and the urgent need of funds and technology transfer of developing countries has not been implemented. In the time of negotiating a binding upon the climate change treaty stalled almost,through the method based on the rights and international human rights mechanism to cope with climate change become the new path selection. This paper first makes a comparison of the advantages and disadvantages between human rights law method and environmental law methods addressing climate change, analyzes the relationship between climate change and human rights,discusses the conditions and obstacle existing in international human rights mechanism applied to climate change, at last forecasts the development trend of human rights method of the climate change and path selection .

참고문헌 (7)

  1. Cinnamon Pinon Carlarne, "Climate Change Law and Policy: EU and US approach" (2010), Oxford University Press
  2. International Council on Human Rights Policy, "Climate Change and Human Rights: A Rough Guide", ~ (2008)
  3. Linda Hajjar Leib, "Human Rights and the Environment" (2011), Martinus Nijhoff Publishers
  4. Mariana T. Acevedo, "The Intersection of Human Rights and Environmental Protection in the European Court of Human Rights", New York University Environmental Law Journal, 8 (2000)
  5. Patricia W. Birnie, "Catherine Redgwell, International Law and the Environment,(3rd edition)" (2009), Oxford University Press
  6. 唐颖侠, "国际气候变化条约的遵守机制研究" (2009), 人民出版社
  7. 唐颖侠, "国际法中的环境权法理辨析, In 新亚洲论坛" (2012), 首尔出版社

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