CLIMATE CHANGE AND HUMAN RIGHTS
vulnerable groups, who may suffer greater hardship due to the increased price of energy, fuel, and goods.50 Some
commentators have also suggested that the commoditization of carbon emissions rights will contribute to, rather
than alleviate, existing economic disparities between and within countries.51 These concerns may be alleviated
through proper regulatory design, such as by including relief from increased costs or encouraging distributional
equity in project siting decisions.
(b) Adaptation
Both the failure to adapt and the implementation of adaptation measures can interfere with human rights,
particularly for the most vulnerable. One concern is that some adaptation programs, may benefit one group
to the detriment of another—as might be the case for coastal fortifications that protect one community while
exposing another to greater risk of erosion and/or flooding. There is also the risk that adaptation measures will be
undertaken without the necessary public consultation and may result in outcomes that adversely affect the very
persons they aim to protect. There is a risk of human rights violations in the context of relocation and resettlement
programs, and a corresponding need to ensure that such programs are undertaken with adequate input and
consent from those who are relocated. It should be noted that both the Adaptation Fund and the Green Climate
Fund have put in place environmental and social safeguards.
(c) Geoengineering
Geoengineering refers to the deliberate and large-scale manipulation of natural systems through measures aimed
at preventing or mitigating the effects of climate change, such as solar radiation management and ocean iron
fertilization. Although there have not yet been any significant field tests of geoengineering technology, far less
any large-scale geoengineering projects, it is important to note that such projects could seriously interfere with
the enjoyment of human rights for millions and perhaps billions of people. For example, one recent study of five
potential geoengineering methods deployed in high GHG emissions scenarios concluded that these methods
could severely disrupt ocean and terrestrial ecosystems.52 These disruptive effects could undermine the provision of
ecosystem goods and services, thus interfering with access to food, clean water, and other key resources. Another
study found that proposals for solar radiation management would cause widespread regional-scale changes in
precipitation.53 Such shifts could lead to increases in storms and flooding in some areas and drought in others, with
adverse impacts on natural ecosystems and human settlements. In addition, there is at this time no mechanism
in place to ensure that governments or private parties carrying out geoengineering projects coordinate with the
international community, or even disclose information to allow for public participation.
50
51
52
53
10
See, e.g., Jodoin & Lofts (2013), supra note 44, at 31-32; Karen Bubna-Litic, Climate Change Impacts on the Poor – A Case Study of Australia’s Indigenous
Population and the Impact of Australia’s Response on this Population, in Poverty Alleviation and Environmental Law (Yves Le Bouthillier et al. eds., Edward
Elgar 2012).
See, e.g., Torres & Skutsch (2014), supra note 49; Gupta et al. (2013), supra note 49; Mark Wilson, The Green Economy: The Dangerous Path of Nature
Commoditization, 10 Consilience: The Journal of Sustainable Development 85 (2013).
David Keller et al., Potential Climate Engineering Effectiveness and Side Effects During a High Carbon Dioxide-Emission Scenario, 5 Nature Communications
3304 (2014).
J.A. Crook et al., A Comparison of Temperature and Precipitation Responses to Different Earth Radiation Management Geoengineering Schemes, 120
Journal of Geophysical Research: Atmospheres DOI 10.1002/2015JD023269 (2015).
T H E H U M A N R I G H T S I M P L I C AT I O N S O F C L I M AT E C H A N G E
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