Event Title
Afternoon Panel: Hybrid Legal Approaches towards Climate Change: Concepts, Mechanisms and Implementation
Start Date
27-3-2015 2:00 PM
End Date
27-3-2015 5:00 PM
Description
The International community is already developing solutions and approaches to the impacts of climate change induced migration. In order to make these solutions and approaches sustainable, they must be supported by a legal framework. The rule of law needs to be brought into the climate change process at the local, national and international level in order to protect rights, reduce risk, build resilience and empower people. The issue of hybrid approaches also needs to be addressed in the context of any post-2015 climate change agreement. Based on a hybrid approach, rights must be considered, not just in terms of mitigation but also in terms of adaptation, transfer of technologies, climate finance and capacity building.
This paper uses two methodologies to address these issues: rights-based approach that will emphasize the bottom-up standpoint as imperative in a post-2015 climate agreement (human- oriented analyses, loss and damage, etc.) and the progressive interpretation of law methodology that will underline the need for hybrid approaches in addressing climate change from a legal perspective in particular in relation to human rights (direct effect) and migration as subsidiary effect. The Hybrid approach is based on the (International) Hybrid Law, a legal research tool that concurrently, indivisibly and interrelated analyse a climate change case study from three perspectives: environmental law, human rights and refugee (migration) law.
Afternoon Panel: Hybrid Legal Approaches towards Climate Change: Concepts, Mechanisms and Implementation
The International community is already developing solutions and approaches to the impacts of climate change induced migration. In order to make these solutions and approaches sustainable, they must be supported by a legal framework. The rule of law needs to be brought into the climate change process at the local, national and international level in order to protect rights, reduce risk, build resilience and empower people. The issue of hybrid approaches also needs to be addressed in the context of any post-2015 climate change agreement. Based on a hybrid approach, rights must be considered, not just in terms of mitigation but also in terms of adaptation, transfer of technologies, climate finance and capacity building.
This paper uses two methodologies to address these issues: rights-based approach that will emphasize the bottom-up standpoint as imperative in a post-2015 climate agreement (human- oriented analyses, loss and damage, etc.) and the progressive interpretation of law methodology that will underline the need for hybrid approaches in addressing climate change from a legal perspective in particular in relation to human rights (direct effect) and migration as subsidiary effect. The Hybrid approach is based on the (International) Hybrid Law, a legal research tool that concurrently, indivisibly and interrelated analyse a climate change case study from three perspectives: environmental law, human rights and refugee (migration) law.
Comments
Cosmin Corendea holds a SJD in International Legal Studies from Golden Gate University School of Law and he received his LL.M. in Intercultural Human Rights with honours from Saint Thomas University Law School in Miami.
Best known for initiating and developing the concept of “international hybrid law” in 2007 – a legal research tool which uses human rights, environmental and refugee/migration law in climate change-related case analysis – his experience includes field research in the Pacific, Europe and Asia, and consultancies for different universities, organizations and United Nations agencies.