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June 27, 2012
Posted by Cara Solomon
At the request of the Yale Journal of International Law, Bonnie Docherty and Tyler Giannini wrote an opinion piece, “Human Rights and Climate Change Adaptation at the International Level”, which appeared yesterday as part of an online symposium. It responded to the new article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” written by Margaux Weiss (HLS ’08 and HRP graduate) and David Weiss. Here is an excerpt of Bonnie and Tyler’s piece:
“The issue of climate change refugees provides an excellent case study of how a human rights framework could work at the international level. Experts predict that climate change will lead to the migration of tens, and maybe hundreds, of millions of people, many of whom will cross national borders. [Hall and Weiss] note that recognition of climate change refugees is an example of “how human rights could begin to play a concrete role in climate negotiations,” but they do not explore the topic in depth. In “Confronting a Rising Tide: A Proposal for a Convention on Climate Change Refugees,” we lay out the components and negotiation process for a proposed instrument on climate change refugees. We also note that an integrated approach that blends efforts to mitigate and adapt is needed. The proposal draws on human rights for essential protections, assignment of state responsibility, and procedural elements.”
Bonnie and Tyler published “Confronting a Rising Tide” in the Harvard Environmental Law Review in 2009. They have both regularly supervised clinical projects on the intersection of human rights and the environment and co-teach a seminar on the topic.
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