
doi: 10.1111/reel.12457
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.
| 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). | 0 | |
| 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. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
