气候变化与国际人权法律保护.pdf

ABSTRACT The issue of climate change has become the current hot topic with international significance. Now, climate change is already undermining the realization of a broad range of internationally protected human rights: rights to health and even life; rights to food, water, shelter and property; rights associated with livelihood and culture. As it happens, the most dramatic impacts of climate change are expected to occur in the world’s poorest countries, where rights protections too are often weak. Even the climate change is an enormous threat to human rights. It is much less obvious, however, what legal duties arise as a result. As the effects of climate change continue to be felt, in 1992, the United Nations Framework Convention on Climate Change (UNFCCC) aims to mitigate greenhouse gas emissions and to adapt populations to their changed climates. And appreciation of its future transformational impact on numerous areas of public law and policy is set to grow. Among these, human rights concerns are particularly acute. This Article debate on climate change and human rights, and suggests ways in which international human rights law could be approached in order to promote clarity in the discourse of human rights and climate change. This paper found some mitigation and adaptation policies may unintentionally create or exacerbate human rights concerns, argue that a human rights framework is an essential tool for designing and implementing climate change policies. The existing international human rights law is not prepared for climate change. They places very few obligations directly on private actors such as individuals and corporations, and none of those obligations is likely to be triggered by climate change. Human rights law have some corresponding mechanisms in the international huma