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Review of European Comparative & International Environmental Law
Article . 2022 . Peer-reviewed
License: CC BY NC ND
Data sources: Crossref
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Calibrating states' emissions reduction due diligence obligations with reference to the right to life

Authors: Susan McCluskey;

Calibrating states' emissions reduction due diligence obligations with reference to the right to life

Abstract

AbstractThe 2017 Advisory Opinion of the Inter‐American Court of Human Rights broke new ground in finding that States' failure to regulate with due diligence the activities taking place within its territory could constitute a breach of the human rights of persons located elsewhere. How might this finding inform the law on prevention of transboundary harm? Similarly, how might it inform an identification of the standard of care required of States in respect of climate change? This article argues that the law on transboundary harm should now be understood as requiring States to regulate the reduction of greenhouse gas emissions in accordance with stabilizing global warming at a temperature, which, at a minimum, prevents widespread threat to life around the globe. States' differing capacities to invest in mitigation strategies, their varying historic contributions to climate change and the urgency of reducing greenhouse gas emissions are also factors affecting a reasonable standard of care.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid