Revisiting limits to legal mobilization for global climate justice: Complexity, territoriality, and responsibility

被引:3
作者
Derman, Brandon B. [1 ]
机构
[1] Univ Illinois, Environm Studies, One Univ Plaza, Springfield, IL 62703 USA
来源
ONATI SOCIO-LEGAL SERIES | 2019年 / 9卷 / 03期
基金
美国国家科学基金会;
关键词
Legal mobilization; climate justice; international law; environment; human rights; HUMAN-RIGHTS; LAW;
D O I
10.35295/osls.iisl/0000-0000-0000-1062
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Amidst disproportionate climate-related harms and inadequate responses, affected groups have turned to legal mobilization. This paper analyzes socio-ecological complexity and territorial limits as themes of enduring relevance in official responses to the Inuit Circumpolar Council's and Maldives' foundational legal claims that climate change violates human rights, considering these against the backdrop of evolving understanding of responsibility for climate-related harm in scientific, political, and public discourse. The claims demonstrated that when legal analysis integrates scientific and traditional knowledge, climate change can be seen as violating rights internationally, and identifiable actors as culpable. Respondents disagreed, citing the complexity of climate-related harm, which combines multiple human actors, environmental processes, probability, prediction, and extraterritorial impact. Unresolved gaps between these interpretations raise doubts about law's relevance to growing global inequities of climate change and other processes that mix people, places, and things.
引用
收藏
页码:333 / 360
页数:28
相关论文
共 79 条
[1]  
Abate RS, 2010, WASH LAW REV, V85, P197
[2]  
[Anonymous], 2014, CONTRIBUTION WORKING
[3]  
[Anonymous], AN SIL CRIS
[4]  
[Anonymous], 2010, HUMAN RIGHTS CLIMATE
[5]  
[Anonymous], 1948, American Declaration of Rights and Duties of Man
[6]  
[Anonymous], 2015, SUBM OFF HIGH COMM H
[7]  
[Anonymous], 2017, Climate change
[8]  
[Anonymous], 1998, HOMO SACER
[9]  
[Anonymous], 2007, HUM RIGHTS GLOB WARM
[10]  
[Anonymous], 2019, ROLLING STONE