Full Description
This timely book explores the contribution of international human rights and investment law to advancing climate action. It presents a unique perspective on climate change in an international law context, analyzing areas of law that are critical to the achievement of the Paris Agreement's goals in the absence of sufficient state ambition.
Bringing together diverse trends and approaches, expert authors explore the opportunities and challenges of climate change in relation to human rights and investment law, illustrating the evolution of normative standards, litigation and law-making through this framework. Chapters assess the impact of normative reforms that aim to better incorporate climate commitments, the role of adjudication in ensuring the enforcement of such obligations, and the processes leading to the adoption of new climate-friendly agreements. Ultimately, both human rights and investment law are shown to both support and undermine climate considerations against the background of a marked uptick in climate-related litigation in these fields.
Identifying solutions to advance international legal action on climate change, this book is a crucial resource for scholars and students of environmental, international investment, and human rights law. Practitioners and policymakers will also benefit from the practical and theoretical insights.
Contents
Contents
Foreword ix
1 Introduction 1
Beatriz Martinez Romera, Linnéa Nordlander,
Alessandro Monti and Jens Elo Rytter
PART I EVOLVING NORMS
2 Reading in mitigation obligations in internationally
recognised human rights 10
Margaretha Wewerinke-Singh and Ruby Rorty
3 Upstream rulemaking and downstream exclusion in
sustainable investment standards 27
Soo-Hyun Lee
4 Emerging investment-related human rights
responsibilities in a climate change context 45
Claire Methven O'Brien and Nelson Goodnews
Ologhadien
PART II LITIGATION
5 Human rights-based litigation in the transition towards
net zero emissions: a double-edged sword? 68
Annalisa Savaresi
6 Investment disputes: supporting and undermining
climate action 84
Matteo Fermeglia and Joana Setzer
7 Carbon majors litigation: what prospects for litigation
against investors? 104
Adebayo Majekolagbe and Sara L. Seck
PART III LAW-MAKING
8 Trends in human rights law-making: the implications of
'norming' climate rights 131
Maria Antonia Tigre and Katherine Quinn
9 Transforming international investment law for climate
change mitigation: challenges and opportunities 148
Elena Cima
