Thesis (S.J.D.) -- New York University, School of Law, 1997. / Includes bibliographical references (p. [286]-301) Also available in microfiche.

published_or_final_version / Law / Master / Master of Laws

Thesis (LL.M.)--University of Hong Kong, 1994. / Includes bibliographical references (leaves [114]-118). Also available in print.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Jutta Brunnee.

Based on a Ph. D. Thesis--Helssingin yliopisto, 2000. / Description based on print version record. Includes bibliographical references and index.

Thesis (doctoral)--University of Helsinki, 1981. / Errata slip and notice of public dissertation discussion inserted. Includes indexes. Includes bibliographical references (p. [299]-336).

Based on a Ph.D. thesis-Helssingin yliopisto, 2000. / Includes bibliographical references and index.

Thesis (doctoral)--University of Helsinki, 1981. / Errata slip and notice of public dissertation discussion inserted. Includes indexes. Includes bibliographical references (p. [299]-336).

L.LM. / Climate change is change in the world’s temperatures, precipitation and wind that differ significantly from previous conditions and are seen to induce or bring about a change in the ecosystem and socio-economic activities. The UNFCCC defines climate change as “change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”.The international concerns are that increased concentrations of greenhouse gas emissions such as carbon dioxide are changing climate in a way that is detrimental to our social and economic well being. Human activities have increased greenhouse gas emissions drastically since the industrial revolution by 31%. The impact this would have on the environment would include a rise in sea levels, causing loss of coastlines worldwide of which small island states are more at risk. Inhabitants of these coastline areas would in turn be vulnerable to floods and would eventually be forced to migrate creating yet another problem in international law what has come to be termed climate change refugees. The risk of flooding due to climate change is not limited to coastline areas alone incidents of flooding have been experienced on main lands in several states. According to UNEP half of the world’s population, i.e. 3billion, live in coastal areas. The catastrophic effects of climate change tend to have ripple effects. While climate change originated as an environmental problem it now impact on everyday aspects of human life with implications on international economy, public health, social issues such as migration and loss of livelihood and ultimately threatening peace and security.

The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.