The Paris Climate Agreement And The Protection Of Human Rights In A Changing Climate

The legal problem with this response is that human rights treaties normally require a State party to ensure the rights and freedoms corresponding to each person on its own territory or under its jurisdiction.69 The extraterritorial application of human rights law is generally born only where the state exercises jurisdiction or control of persons or countries of existence.70 These precedents bear little resemblance to cross-border pollution when the state is competent only for harmful activities on its own territory, not beyond those that are harmed beyond its borders. They are even further away from climate change.71 It is much more difficult to create such a problem with regard to the jurisdiction or control of the persons or territories required by human rights law. This is why the Office of the High Commissioner focuses on “rights holders” and “rights holders” and is essentially inconsistent in the context of climate change. It fails to adequately understand a global perspective of the problem. The second part focuses on the provisions of the Paris Agreement and contains an analysis of the reference to human rights and their legal scope. While human rights are mentioned only in the preamble, other human rights principles are included in the preamble and operational text of the agreement. “I call on governments to live up to their human rights commitments when negotiating the climate agreement,” the expert said. “Even the inclusion of a reference to human rights in the agreement itself would be of great symbolic and practical importance.” For previous joint statements of special procedures on climate change, please read: www.ohchr.org/Documents/Issues/ClimateChange/InfoNoteClimateChange.pdf It remains to be seen whether this reference will respond appropriately to the request that formed the basis of the Inuit petition a decade ago. This article aims to provide an analysis of the reference to human rights contained in the Paris Agreement by examining the context in which these and other relevant provisions were agreed and formally adopted by the parties to the United Nations Framework Convention on Climate Change (UNFCCC) in the Paris Agreement.