Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights
Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations...
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ftfloridaamunicl:oai:commons.law.famu.edu:faculty-research-1007 2023-06-11T04:07:57+02:00 Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights Abate, Randall S 2007-01-01T08:00:00Z application/pdf https://commons.law.famu.edu/faculty-research/8 https://commons.law.famu.edu/context/faculty-research/article/1007/viewcontent/public.php unknown Scholarly Commons @ FAMU Law https://commons.law.famu.edu/faculty-research/8 https://commons.law.famu.edu/context/faculty-research/article/1007/viewcontent/public.php Journal Publications Arctic Climate Impact Assessment Climate change Environmental rights human rights international human rights Inuit Inuit petition Inter-American Commission on Human Rights IACHR Constitutional Law Environmental Law Human Rights Law International Humanitarian Law International Law text 2007 ftfloridaamunicl 2023-05-07T16:26:47Z Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores the need for a more viable avenue and forum to redress international environmental human rights violations. Part III explores other theories of recovery, addressing the Alien Tort Claims Act (ATCA) and proposing two types of potentially viable new theories for environmental human rights claims under the ATCA. In addition to environmental human rights claims under the ATCA, Part III further suggests that (1) listing polar bears as a threatened species under the Endangered Species Act and (2) requiring human rights impact assessments are additional useful steps in addressing climate change impacts. The Article concludes that more effective relief needs to be fashioned. Text Arctic Climate Impact Assessment Arctic Climate change inuit Florida A&M University College of Law Research: Scholarly Commons @ FAMU Law Arctic |
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Florida A&M University College of Law Research: Scholarly Commons @ FAMU Law |
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Arctic Climate Impact Assessment Climate change Environmental rights human rights international human rights Inuit Inuit petition Inter-American Commission on Human Rights IACHR Constitutional Law Environmental Law Human Rights Law International Humanitarian Law International Law |
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Arctic Climate Impact Assessment Climate change Environmental rights human rights international human rights Inuit Inuit petition Inter-American Commission on Human Rights IACHR Constitutional Law Environmental Law Human Rights Law International Humanitarian Law International Law Abate, Randall S Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
topic_facet |
Arctic Climate Impact Assessment Climate change Environmental rights human rights international human rights Inuit Inuit petition Inter-American Commission on Human Rights IACHR Constitutional Law Environmental Law Human Rights Law International Humanitarian Law International Law |
description |
Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores the need for a more viable avenue and forum to redress international environmental human rights violations. Part III explores other theories of recovery, addressing the Alien Tort Claims Act (ATCA) and proposing two types of potentially viable new theories for environmental human rights claims under the ATCA. In addition to environmental human rights claims under the ATCA, Part III further suggests that (1) listing polar bears as a threatened species under the Endangered Species Act and (2) requiring human rights impact assessments are additional useful steps in addressing climate change impacts. The Article concludes that more effective relief needs to be fashioned. |
format |
Text |
author |
Abate, Randall S |
author_facet |
Abate, Randall S |
author_sort |
Abate, Randall S |
title |
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
title_short |
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
title_full |
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
title_fullStr |
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
title_full_unstemmed |
Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Human Rights |
title_sort |
climate change, the united states, and the impacts of arctic melting: a case study in the need for enforceable international environmental human rights |
publisher |
Scholarly Commons @ FAMU Law |
publishDate |
2007 |
url |
https://commons.law.famu.edu/faculty-research/8 https://commons.law.famu.edu/context/faculty-research/article/1007/viewcontent/public.php |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Climate Impact Assessment Arctic Climate change inuit |
genre_facet |
Arctic Climate Impact Assessment Arctic Climate change inuit |
op_source |
Journal Publications |
op_relation |
https://commons.law.famu.edu/faculty-research/8 https://commons.law.famu.edu/context/faculty-research/article/1007/viewcontent/public.php |
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