The climate change impacts documented by the Intergovernmental Panel on Climate Change are likely to undermine the realisation of a range of protected human rights. Analysts have begun to advocate a human rights‐centred approach to climate change, an approach which would place the individual at the centre of inquiry, and draw attention to the impact that climate change could have on the realisation of a range of human rights. This article focuses on the human rights claims raised in the climate negotiations, the implications these claims may have and the interests they may serve. It explores ways in which a human rights approach may shape the interpretation of relevant principles and obligations as they apply between states, within states, and between states and those subject to another’s jurisdiction.The paper reasons that the “code of conduct” between states in addressing climate change is guided by the following FCCC principles:
the Principle of Common but Differentiated Responsibility which establishes the common responsibility of states to protect the global environment and determining the levels of responsibility of industrial countries that contribute most to global environmental problem into account the contributions of states to environmental degradation
the Polluter Pays Principle complements the CBDR principle but introduces differentiation on grounds of differing contributions to environmental harm
the Precautionary Principle – where states are urged to take precautionary steps to anticipate and prevent the causes of climate change and mitigate its adverse effects
the Principle/Duty of Cooperation - requires countries to cooperate to sustain a supportive and open international economic system to promote sustainable economic growth.
On obligations within States, the article highlights ICCPR Article 2 which obliges states to respect and ensure that all individuals within their territory have access to minimum standards of security, human rights, and social benefits and opportunity for self‐development to facilitate mitigation activities.On principles between states and those subject to another’s jurisdiction, the paper argues that climate change is likely to test international law with situations like:
the possibility of the small island states like Maldives and Tuvalu being lost to sea level rise if current GHG emission trends continue rendering the inhabitants stateless
poor states that are unable to adapt to climate change due to their inability to raise adaptation finances exposing them to social instability and security threats that could spill over national borders.