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Adaptation and Anticipatory Action: Integrating Human Rights Duties into the Climate Change Regime

Adaptation and Anticipatory Action: Integrating Human Rights Duties into the Climate Change Regime AbstractThis article analyses international obligations related to adaptation in the UN climate change regime. It argues that the interpretation and application of these obligations can compel and shape anticipatory, proactive state measures on, and support for, adaptation. To accomplish this, the article begins from the premise that the regime’s climate treaties are a dynamic part of a system of international law that should strive for coherence. Accordingly, it takes an evolutive approach to interpreting obligations. The article applies the tools of treaty interpretation, and systemic integration in particular, to incorporate positive duties from human rights law into an understanding of adaptation obligations. It also applies the regime’s operative principles alongside integration. Taken together, they help to shape adaptation obligations, strengthening arguments for action in advance of foreseeable harm and for support based on differentiation. Such an approach can lead to adaptation that better avoids risks to people and their rights, to prioritize those most vulnerable and to ensure access to essential resources. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Adaptation and Anticipatory Action: Integrating Human Rights Duties into the Climate Change Regime

Climate Law , Volume 12 (2): 29 – Jan 25, 2022

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-20210001
Publisher site
See Article on Publisher Site

Abstract

AbstractThis article analyses international obligations related to adaptation in the UN climate change regime. It argues that the interpretation and application of these obligations can compel and shape anticipatory, proactive state measures on, and support for, adaptation. To accomplish this, the article begins from the premise that the regime’s climate treaties are a dynamic part of a system of international law that should strive for coherence. Accordingly, it takes an evolutive approach to interpreting obligations. The article applies the tools of treaty interpretation, and systemic integration in particular, to incorporate positive duties from human rights law into an understanding of adaptation obligations. It also applies the regime’s operative principles alongside integration. Taken together, they help to shape adaptation obligations, strengthening arguments for action in advance of foreseeable harm and for support based on differentiation. Such an approach can lead to adaptation that better avoids risks to people and their rights, to prioritize those most vulnerable and to ensure access to essential resources.

Journal

Climate LawBrill

Published: Jan 25, 2022

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