Marine Environmental Protection and Climate Change in: Handbook on Marine Environment Protection Science, Impacts and Sustainable Management . Salomon, Markus, Markus, Till (Eds.), 2018
The rules governing marine environmental protection and climate change are diverse and range from... more The rules governing marine environmental protection and climate change are diverse and range from direct regulatory approaches addressing the effects of climate change on the marine environment to rules targeting their mitigation. Nonetheless, it is remarkable that most rules addressing marine environmental protection and climate change, especially the most recent, tackle this issue indirectly, from the viewpoint of marine environmental protection. This chapter illustrates this " environmental protection approach " by assessing current and emerging regulations targeting marine climate change, as well as some of its limitations. Discussing the rules addressing the major causes of climate change, as well as those mitigating its effects, the chapter argues that climate change has become a major and cross cutting issue of the international rules addressing environmental protection. While this may be a viable and legitimate way to address the major effects of climate change, it is still questionable whether the established framework is far reaching enough to address the root causes of climate change and its impacts on the global marine environment.
Bookmarks Related papers MentionsView impact
Uploads
Papers by Birgit Peters
Moreover, both the International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR) and the Convention on the Rights of the Child make reference to an adequate condition of the environment. The jurisprudence of human rights bodies to other treaties, like the Human Rights Committee, has started to recognize the application of human rights in environmental contexts. The right has also been recognized at regional level, in a great number of constitutions, and at sub-constitutional level.
Considering the extent of international and in particular regional human rights treaties that refer to the environment, their case-law and the latest discussions on the matter, it seems that today, the question to ask about the human right to a clean and healthy environment is not whether the right should be acknowledged internationally, but how.