This chapter examines the integration of human rights into international climate change and disaster law, with a particular focus on climate change adaptation and disaster risk reduction. It shows that, despite ongoing efforts, human rights have only been partially integrated into the international climate regime, largely through the advocacy of civil society actors and against the resistance of some State Parties. In contrast, human rights are more explicitly included in the Sendai Framework for Disaster Risk Reduction and, especially, the International Law Commission’s work on disaster law, although this may also be explained by the ‘soft’ legal nature of these instruments. The chapter argues that formal references to human rights may lack practical effect unless a human rights-based approach is adopted in the implementation of climate change and disaster instruments. It concludes that a deeper integration of human rights into these legal frameworks could broaden public participation, offer greater protection for vulnerable populations, and enhance fairness and justice in adaptation and DRR strategies.

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Human Rights in International Climate Change and Disaster Law

  • Riccardo Luporini

摘要

This chapter examines the integration of human rights into international climate change and disaster law, with a particular focus on climate change adaptation and disaster risk reduction. It shows that, despite ongoing efforts, human rights have only been partially integrated into the international climate regime, largely through the advocacy of civil society actors and against the resistance of some State Parties. In contrast, human rights are more explicitly included in the Sendai Framework for Disaster Risk Reduction and, especially, the International Law Commission’s work on disaster law, although this may also be explained by the ‘soft’ legal nature of these instruments. The chapter argues that formal references to human rights may lack practical effect unless a human rights-based approach is adopted in the implementation of climate change and disaster instruments. It concludes that a deeper integration of human rights into these legal frameworks could broaden public participation, offer greater protection for vulnerable populations, and enhance fairness and justice in adaptation and DRR strategies.