Category: Obligations Relating to Transboundary Environmental Harm

Many grave threats to the enjoyment of human rights are due to transboundary environmental harm. An important example of a good practice in this area is the legal recognition by a State of the rights of individuals who reside outside its territory but who may suffer environmental harm from actions arising within its territory. States have also taken creative steps to enable victims of transboundary environmental harm to have access to courts in the jurisdiction where the harm originates. Climate change may be the most challenging international environmental threat to human rights, and a number of Governments provide examples of good practices in the use of human rights obligations relating to climate change.



Nordic Environmental Protection Convention

The Nordic Environmental Protection Convention, which entered into force on 5 October 1976, promotes international cooperation in remedying transboundary environmental harm by, among other things, allowing reciprocal access to domestic legal remedies between residents of State Parties to the treaty. Article 2 of the Convention incorporates the principle of …   Continue readingNordic Environmental Protection Convention

Scottish Climate Justice Fund

Scotland’s Parliament has played a key role in addressing climate justice. In March 2012, the Scottish Parliament through a unanimous motion became the first legislative body in the world to explicitly recognize and support the concept of climate justice: “The Scottish Parliament strongly endorses the opportunity for Scotland to champion climate justice, which …   Continue readingScottish Climate Justice Fund

Suriname’s Reducing Emissions from Deforestation and Forest Degradation (REDD+) Assistants Programme

Reducing Emissions from Deforestation and Forest Degradation (REDD+), an international effort that was initiated by the 16th Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC 1/CP.16 2010, ¶ 70), seeks to create incentives for developing countries to reduce emissions from deforestation and forest degradation through a variety of …   Continue readingSuriname’s Reducing Emissions from Deforestation and Forest Degradation (REDD+) Assistants Programme

(Espoo) Convention on Environmental Impact Assessment in a Transboundary Context

The Espoo Convention, which entered into force in 1997, obligates its Parties to assess the environmental impacts of certain activities that may cause transboundary environmental harm at an early stage of planning. The Convention also obligates States to notify and consult with affected States with respect to certain proposed projects that are likely to have a significant …   Continue reading(Espoo) Convention on Environmental Impact Assessment in a Transboundary Context

Australia’s National Indigenous Climate Change Partnership

The National Indigenous Climate Change (NICC) project is a forum established in 2008 by indigenous leaders to provide dialogue between corporate representatives, indigenous peoples and other experts about issues, risks and opportunities associated with climate change and participation in carbon markets. According to the project’s webpage, the project “(along with …   Continue readingAustralia’s National Indigenous Climate Change Partnership

Canada-U.S. Uniform Transboundary Pollution Reciprocal Access Act (Model Law)

In 1982, a liaison committee of the U.S. National Conference of Commissioners on Uniform State Laws and the Canadian Uniform Law Conference drafted a model law entitled the Uniform Transboundary Pollution Reciprocal Access Act. Its key provision states that “[a] person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction …   Continue readingCanada-U.S. Uniform Transboundary Pollution Reciprocal Access Act (Model Law)

North-South Local Government Co-operation Programme between Finland and Tanzania

As a part of the North-South Local Government Co-operation Programme, the city of Tampere and its Tanzanian partner city of Mwanza have worked together to diminish the gap between Northern and Southern municipalities by opening a channel for cities to exchange knowledge, share policies and shape practices inspiring each other. Coordinated by the Association of Finnish …   Continue readingNorth-South Local Government Co-operation Programme between Finland and Tanzania

Guatemala’s Climate Change Framework Law

Guatemala adopted a comprehensive climate change framework law in September 2013 (Ley Marco para Regular la Reducción de la Vulnerabilidad, la Adaptación Obligatoria Ante los Efectos del Cambio Climático y la Mitigación de Gases de Efecto Invernadero). The law’s objective is to establish the necessary regulations to prevent, plan for and respond to the impacts of …   Continue readingGuatemala’s Climate Change Framework Law

Project on Reducing Climate Change Risks to Water Resources in Honduras

According to the UN Development Programme (UNDP), Honduras is one of the most vulnerable countries in Latin America to climate change, with its water resources particularly at risk. Moreover, population growth has led to the increased habitation of low-income populations in areas prone to increased landslides and flooding from climate change-related weather events. This …   Continue readingProject on Reducing Climate Change Risks to Water Resources in Honduras

National Climate Change Policy and Sector Guidance Framework

In 2013 the Jordanian Ministry of Environment published the National Climate Change Policy of the Hashemite Kingdom of Jordan: 2013-2020, which assesses the impacts from climate change on Jordan and recommends a number of mitigation and adaptation measures. The Policy integrates a human rights approach to climate change mitigation and adaptation. For example, the …   Continue readingNational Climate Change Policy and Sector Guidance Framework

Federated States of Micronesia (FSM) Request for Czech Government to Consider the Transboundary Environmental Effects of a Coal Plant

FSM, with assistance from Greenpeace International, requested a transboundary environmental impact assessment (TEIA) of a proposed expansion and life-extension of the Prunéřov II brown coal-fired power plant in the Czech Republic through filing a formal objection under the Czech Republic's environmental impact assessment law. Although TEIAs are often triggered by …   Continue readingFederated States of Micronesia (FSM) Request for Czech Government to Consider the Transboundary Environmental Effects of a Coal Plant