Nordic Journal of International Law 80 (2011) 403–423 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181011X598427 brill.nl/nord NORDIC JOURNAL OF INTERNATIONAL LAW Th e Janus-Head of Human Rights and Climate Change: Adaptation and Mitigation Ole W. Pedersen * Lecturer in Law, Newcastle Law School, Newcastle, UK Abstract Th is article examines the role human rights instruments play when states seek to adopt regulatory initiatives in the name of addressing climate change. Th e article argues that a series of important restrictions exist. Governments responding to climate change need to take into account existing human rights. Th is observation is particularly relevant for countries implementing Reduction of Emissions from Deforestation and Degradation (REDD) projects and for countries taking part in Clean Development Mechanism (CDM) projects under the Kyoto Protocol. Th e article likewise argues that special human rights obligations arise in relation to the risks associated with climate change. Th ese place on states a responsibility to secure risk assessment and risk communication while taking steps to mitigate climate change-associated risks. While the article considers these requirements to constitute an absolute minimum, it is argued that they can oﬀ er a way of securing that national governments are accountable
Nordic Journal of International Law – Brill
Published: Jan 1, 2011
Keywords: MITIGATION; ADAPTATION; CLIMATE CHANGE; HUMAN RIGHTS
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