기후변화와 인권의 상관관계에 관한 소고

The adverse impact of climate change on the enjoyment of human rights could be seen in everywhere. Despite this devastating impact, climate change has been approached in terms of international environmental law regime in general. Matters concerning climate change belong to the realm of international environmental law regime without doubt. However, this restricted approach to climate change seems to be irrelevant for seeking feasible solution to climate change problems. In this context other fields of international law, especially human rights regime should be highlighted for the better understanding of climate change problems. The main theme of this article is placed to seeks to provide a basis for a better understanding of how human rights law regime applies to climate change. The human rights-based approach to climate change has lots of advantages to deal with climate change problems. For instance, more rigid attitudes of human rights law regime towards climate change could easily restrict activities of States and third parties to make a huge contribution to climate change. Also, established principles and rules of human rights law regime would provide vulnerable communities with the chance to make a legal argumentation with regard to climate change, which threatens them. However, emphasizing principles and rules of human rights law regime would also give rise to another intricate problems. For example, characteristics and uniqueness of international environmental law regime with regard to climate change would be wiped out by the overwhelming nature of human rights law regime. However, the sensitive balance between human rights law regime and environmental law regime should be taken in seriously. Put it differently, the approach of human rights law regime towards climate change should be taken in supplementary and cooperative way. Thus, the establishment of more comprehensive mechanism handling with climate change on the basis of human rights and environmental governance would be needed.