State Responsibility, Climate Change and Human Rights under International Law

Margaretha Wewerinke-Singh is an Assistant Professor of International Law at Leiden University and an Adjunct Senior Lecturer in Environmental Law at the University of the South Pacific.

PART I
LEGAL AND CONCEPTUAL FOUNDATIONS
1. Introduction
Introduction: Climate Change as a Human Rights Issue
Climate Change, Human Rights and State Responsibility
The Science
2. International Human Rights Law
Sources of International Human Rights Law
The International Human Rights System
Interpretation
Territorial and Personal Scope of International Human Rights Treaties
3. International Climate Change Law
Introduction
The UN Framework Convention on Climate Change
Conclusion
4. The Law of State Responsibility
Introduction
The Law of State Responsibility
State Responsibility and International Human Rights Law
State Responsibility and the Climate Change Regime
Conclusion
5. Integrating Legal Frameworks in a Context of Fragmentation
Introduction
The Work of the International Law Commission on Fragmentation
The Special Characteristics of Human Rights Law as a Central Part of a Holistic Legal Framework
Exploiting Synergies between International Human Rights Law and International Climate Change Law
Conclusion

PART II
STATE RESPONSIBILITY AND REMEDIES FOR VIOLATIONS
6. Attributing Climate Change-Related Conduct to States
Introduction
The Rules on Attribution
Responsibility and Involvement of Multiple States
7. Establishing Violations of Human Rights Affected by Climate Change
The Right of Self-determination
The Right to Life
The Right to Enjoy One’s Culture
The Right to the Highest Attainable Standard of Health
Conflict between Rights
Conclusion
8. Remedies for Climate Change-Related Human Rights Violations
Introduction
Cessation of Wrongful Conduct and Guarantees of Non-repetition
Duty to Make Reparations
Invocation of Responsibility
Conclusion
9. Litigating Climate Change before Human Rights Bodies, Courts and Tribunals
Introduction
Domestic Courts
National Human Rights Institutions
Regional Human Rights Bodies
The United Nations Human Rights Council
United Nations Human Rights Treaty Bodies
The International Court of Justice
Conclusion
10. Conclusion