Framing Environmental Degradation, Human Mobility and Human Development as a “Matter of Common Concern”
On average, 22.5 million people move each year within and across borders because of climate and weather-related disasters. Alongside those who move are those who stay behind or are trapped in severe conditions of vulnerability where habitation on land might no longer be possible. Furthermore, these impacts are not distributed equally; we know that those who have least contributed to anthropogenic climate change are affected the most. Without concerted action and a reconfiguration of State sovereignty and interests, this global problem cannot be effectively addressed.
Final Report of the Ila Committee on International Law and Sea Level Rise
After 12 years of pioneering work, the International Law Association adopted the Final Report and Resolution of the ILA Committee on International Law and Sea Level Rise were formally adopted today at its 81st Conference in Athens. Prof. Fornalé, as Co-Rapporteur, contributed to the drafting process of the 2024 Final Report and the Resolution. In line with its 2022 Interim Report, the Committee addressed the following key questions in the context of climate change-induced sea level rise:
- What are the implications for statehood of diminishing State capacity and diminishing resident populations?
- What are the implications of different potential forms of State transformation – on the protection of affected populations?
- What does existing international human rights law say about the distribution of obligations among States towards these persons as rights holders –especially under different scenarios likely to emerge during the process of sea level rise? Where are there gaps, and how might international law be developed to address such gaps?
The ILA Committee asked the Secretary-General of the International Law Association to forward its Resolution to the Registrar of the International Court of Justice, and the Secretary-General of the Permanent Court of Arbitration, the Pacific Island Forum (PIF), the Alliance of Small Island States (AOSIS), the Caribbean Community (CARICOM), and the Organization of Eastern Caribbean States (OECS).
Here attached the Final Report and the Annex: Selected publications by the Committee Members on aspects of international law and sea level rise, published from 2012 to 2024.
From 2012 to 2024, the mandated extent of the ILA Committee on International Law and Sea Level Rise, members of the Committee significantly contributed to scholarly literature on various aspects of international law and sea level rise, in addition to contributing to the four reports of the Committee (issued in 2016, 2018, 2022 and 2024) and drafting many shorter and background papers in the course of preparations of the main reports. The present bibliography includes selected publications by the members of the Committee that were issued from 2012 to 2024.
Additional material are available here
Gender and Climate Justice at the 31st ANZIL Conference
3 - 5 July 2024
Prof. Fornalé had the privilege to present the GEM and Spark Project on Climate Justice at the 31st Annual Conference (3 July - 5 July 2024) International Law: Crisis, Conflict and Cooperation. All participants at the 31st ANZSIL Annual Conference were invited to consider the impact of periods of crises on the development of international law and institutions, and whether the focus on crises has led to conflicts, or renewed cooperation, within the discipline.
Additional info are available here
HRJust at the first Swiss Ocean Day
20 June 2024
On 20 June, prof. Fornalé presented the HRJust and the Climate Visual Claims tool at the first Swiss Ocean Day. The event took place at the University of Bern, organized by the Organizers: Swiss Commission of Oceanography and Limnology and the Oeschger Center for Climate Change. Around 151 experts and scientist leaders from Switzerland and Europe presented their groups and research activities as a flash talk during the open forum. Additionally, NGOs shared their aims, visions and projects.
Advisory Opinion on the Scope of the State Obligations for Responding to the Climate Emergency
23 - 25 April 2024
On January 9, 2023, Chile and Colombia submitted a joint advisory opinion request before the Inter-American Court of Human Rights (IACtHR) with the aim to clarify the scope of the state obligations for responding to the climate emergency under the frame of international human rights law. Prof. Fornalé together with a group of leading scholars (Prof. Bilkova V., Prof. Burgorgue-Larsen L., Dr. Cristani F., Prof. De Vido S., Prof. Doebbler C., and Dr. Hertogen A.) submitted an Amicus Curiae.
Our Amicus focus on the Human Rights-Climate Change Nexus to address the exposure of climate migrants to human rights violations. Then, the analysis includes a focus on general principles of international: Humanity; International Cooperation and Common Concern/Community Interests; Good Neighbourliness; In dubio pro natura; and In dubio pro futuribus generationibus.
The text is available here
On 23-25 April, she attended the IACHR public hearings held in Barbados. The hearings were a historic opportunity for the Court and the world to hear directly from NGOs, international organisations and civil society on the impacts and risks posed by climate change.
Climate Change and its impact on Human Rights Obligations
22 April 2024
On Monday 22 April, Prof. Dr Elisa Fornalé and her team, Ms Riccarda Heepen, organized together with the organization @Center for Justice and International Law - CEJIL a workshop at the United Nations House of Barbados for civil society groups with the aim of creating a dialogue.
It was an important moment to exchange ideas and experiences with renowned academics from universities such as the University of California, Berkeley, the The George Washington University (GWU) and the O'Neill Institute for National and Global Health Law of Georgetown University. Among the participants of the event were young activists from NGOs such as World's Youth for Climate Justice (WYCJ), ClientEarth and the Fossil Fuel Non-Proliferation Treaty Initiative. Two representatives of the Republic of #Vanuatu attended the preparatory event as well.
Regional Consultation on the elaboration of CEDAW General Recommendation No. 40 on the equal and inclusive representation of women in decision-making systems for Eastern European States and Western European and other States.
25 - 26 March 2024
Prof. Fornalé has been invited to take part to the Regional Consultation on the elaboration of CEDAW General Recommendation No. 40 on the equal and inclusive representation of women in decision-making systems for Eastern European States and Western European and other States. Prof. Fornalé gave a presentation on ‘Unlocking the Transformative Potential of the Gender-Economics Nexus to Enhance Women’s Participation’. The meeting took place in Istanbul, Turkey (25-26 March). The meeting has been organized with the support of the Office of UN High Commissioner for Human Rights (OHCHR), UN Women, and the CEDAW Committee to provide an interactive forum for Civil Society Organizations, UN agencies and other experts to inform the draft text of GR 40 and ensure it is responsive to the priorities and needs of different regions in relation to overcoming challenges and paving the way for and sustaining women’s equal and inclusive representation in decision-making systems.
Promoting Equal and Inclusive Representation of Women in Decision-Making Systems: A Holistic Approach to Economic Empowerment
26 February 2024
26 February 2024, with GQUAL and the Institute of International Relations of Prague, the WTI held a conference on “Promoting Equal and Inclusive Representation of Women in Decision-Making Systems A Holistic Approach to Economic Empowerment”.
With a strong focus on gender equality and women’s empowerment, participants came from a wide range of backgrounds such as CEDAW, international organisations, the private sector, research, legal and policy fields. During the conference, participants had the chance to gain deeper insight into the CEDAW’s Draft General Recommendation on Equal and Inclusive Representation of Women in Decision Making Systems.
