ORCID Profile
0000-0002-1940-5548
Current Organisations
Queensland University of Technology (QUT)
,
Queensland University of Technology
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Publisher: Routledge
Date: 15-08-2023
Publisher: Cambridge University Press
Date: 31-03-2023
Publisher: Routledge
Date: 07-09-2015
Publisher: Springer Singapore
Date: 2020
Publisher: Informa UK Limited
Date: 12-10-2022
Publisher: SAGE Publications
Date: 09-2016
DOI: 10.1177/016934411603400303
Abstract: Human rights-based approaches to climate change promise to address the intergenerational injustices of climate change by incorporating an enhanced consideration of the needs of future generations. Yet, a number of questions arise when one contemplates how international human rights law might accommodate the rights of persons as yet unborn. Among them are the theoretical questions of whether it is possible for future generations to possess human rights and for present generations to owe them corresponding duties. Assuming that such a theoretical conceptualisation is possible, a number of legal issues are present in attempting to protect the rights of future generations within current international human rights law, including the question of how the rights of future generations can be balanced against those of current generations. The paper will examine a number of domestic measures designed to protect the rights of future generations and consider how such mechanisms might contribute to a rights-based approach to resolving intergenerational climate injustice.
Publisher: Springer International Publishing
Date: 2021
Publisher: Informa UK Limited
Date: 03-04-2021
Publisher: Springer Singapore
Date: 2018
Publisher: Edward Elgar Publishing
Date: 12-08-2021
Publisher: Edward Elgar Publishing
Date: 03-2018
Publisher: Queensland University of Technology
Date: 17-12-2015
Abstract: em The prospect of widespread displacement in the Pacific as a result of climate change is becoming increasingly likely and it is possible that many will eventually need to relocate to other countries. Regional migration strategies not only offer the potential to minimise the harms of relocation, while acknowledging existing relationships of friendship and regional cooperation. This article examines the use of the language of ‘neighbourliness’ in Australia’s regional climate change strategies and argues that, while it expresses friendship, such language can also be employed to avoid the creation of stronger obligations. The article considers the international doctrine of good neighbourliness and concludes that, while international legal obligations may not yet exist, Australia should nonetheless begin planning for regional migration within the Pacific to allow people to migrate with dignity. /em
Publisher: Informa UK Limited
Date: 07-2012
Publisher: Cambridge University Press (CUP)
Date: 17-10-2018
DOI: 10.1017/S2047102517000243
Abstract: In recognition of the intrinsic links between climate change and human rights, many have argued that human rights should play a leading role in guiding state responses to climate change. A group whose human rights will inevitably be affected by climate action (or inaction) today are the members of future generations. Yet, despite their particular vulnerability, future generations so far have gone largely unnoticed in human rights analyses. An adequate response to climate change requires that we recognize and address the human rights consequences for future generations, and consider the legal, practical and theoretical questions involved. This article attempts to answer these questions with a particular focus on the Paris Agreement. It argues that the recognition of state obligations towards future generations is compatible with human rights theory, and that these obligations must be balanced against the duties owed to current generations. The article concludes with a number of suggestions for how this balance could be pursued.
Publisher: The University of Queensland Law School
Date: 29-08-2022
Abstract: This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses the implications of the pandemic for older Australians from a human rights perspective, recognising the need to understand ageing as a process that occurs throughout life. Although we focus on the interests of older Australians, defining what is meant by ‘older’ can be challenging. Furthermore, there are complex social discourses around ageing. While there is no Convention on the Rights of Older Persons, international human rights law is relevant to the rights of older persons. We analyse international human rights law, Australian human rights law, and Australian antidiscrimination law in terms of their relevance to the rights of older persons in the context of the COVID-19 pandemic. With social distancing a key feature of the pandemic, we also consider the impact of social isolation on older persons and the potential for technology to assist in overcoming social isolation. Finally, we analyse current Australian laws relating to participation of in iduals in research where capacity has been lost or is diminishing.
Publisher: Cambridge University Press (CUP)
Date: 26-08-2016
DOI: 10.1017/S2044251315000168
Abstract: This paper analyzes the application of rights-based approaches to disaster displacement in the Asia-Pacific region in order to assess whether the current framework is sufficient to protect the rights of internally displaced persons. It identifies that disaster-induced displacement is increasingly prevalent in the region and that economic and social conditions in many countries mean that the impact of displacement is often prolonged and more severe. The paper identifies the relevant human rights principles which apply in the context of disaster-induced displacement and examines their implementation in a number of soft-law instruments. While it identifies shortcomings in implementation and enforcement, the paper concludes that a rights-based approach could be enhanced by greater engagement with existing human rights treaties and greater implementation of soft-law principles, and that no new instrument is required.
Publisher: Cambridge University Press (CUP)
Date: 23-02-2018
Publisher: Springer Singapore
Date: 2018
Location: United Kingdom of Great Britain and Northern Ireland
No related grants have been discovered for Bridget Lewis.