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Achieving the 1.5 °C objective: just implementation through a right to (sustainable) development approach

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  • Joyeeta Gupta

    (University of Amsterdam
    IHE - Institute for Water Education)

  • Karin Arts

    (Erasmus University Rotterdam)

Abstract

Achieving the 1.5 °C objective of the Paris Agreement on Climate Change in a just manner requires equitably sharing the responsibilities and rights that relate to this objective. This paper examines how international law concerning the Right to Promote (Sustainable) Development can contribute to determining what would be a “just” approach to achieving the 1.5 °C objective. This entails building on both the Right to Development (RtD) and the Right to Promote Sustainable Development (RtPSD). The RtD is a central notion within international human rights law and the RtPSD has been adopted under the UN Framework Convention on Climate Change (UNFCCC). Based on a literature review and legal analysis, we argue that, although the two Rights are prima facie different, in the context of the unanimously adopted Agenda 2030, including the SDGs, they partly complement and partly merge with each other. Together they provide a framework for assessing how a just transition towards a low greenhouse gas development process could be achieved and what this means for phasing out fossil fuels especially in the context of prospective oil producing countries.

Suggested Citation

  • Joyeeta Gupta & Karin Arts, 2018. "Achieving the 1.5 °C objective: just implementation through a right to (sustainable) development approach," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(1), pages 11-28, February.
    • Handle: RePEc:spr:ieaple:v:18:y:2018:i:1:d:10.1007_s10784-017-9376-7
    DOI: 10.1007/s10784-017-9376-7
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    References listed on IDEAS

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    1. World Commission on Environment and Development,, 1987. "Our Common Future," OUP Catalogue, Oxford University Press, number 9780192820808.
    2. United Nations UN, 2015. "Transforming our World: the 2030 Agenda for Sustainable Development," Working Papers id:7559, eSocialSciences.
    3. van der Grijp,Nicolien, 2010. "Mainstreaming Climate Change in Development Cooperation," Cambridge Books, Cambridge University Press, number 9780521197618 edited by Gupta,Joyeeta.
    4. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
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    Cited by:

    1. Ansari, Dawud & Holz, Franziska, 2020. "Between stranded assets and green transformation: Fossil-fuel-producing developing countries towards 2055," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 130, pages 1-1.
    2. Michel Damian & Luigi De Paoli, 2017. "Climate change: Back to development," ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, FrancoAngeli Editore, vol. 2017(3), pages 5-24.
    3. Alfredo Pena-Vega & Marianne Cohen & Luis Manuel Flores & Hervé Le Treut & Marcelo Lagos & Juan Carlos Castilla & Aurora Gaxiola & Pablo Marquet, 2022. "Young People Are Changing Their Socio-Ecological Reality to Face Climate Change: Contrasting Transformative Youth Commitment with Division and Inertia of Governments," Sustainability, MDPI, vol. 14(22), pages 1-18, November.
    4. Joyeeta Gupta & Arthur Rempel & Hebe Verrest, 0. "Access and allocation: the role of large shareholders and investors in leaving fossil fuels underground," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 0, pages 1-20.
    5. Michel Damian & Luigi de Paoli, 2018. "Climate change: Back to development," Post-Print hal-01870974, HAL.
    6. Jutta Wieding & Jessica Stubenrauch & Felix Ekardt, 2020. "Human Rights and Precautionary Principle: Limits to Geoengineering, SRM, and IPCC Scenarios," Sustainability, MDPI, vol. 12(21), pages 1-23, October.
    7. Manish Kumar Shrivastava & Saradindu Bhaduri, 2019. "Market-based mechanism and ‘climate justice’: reframing the debate for a way forward," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 19(4), pages 497-513, October.

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