In its August 2019 decision in Portillo Cáceres v Paraguay, the Human Rights Committee recognised, for the first time, the existence of a connection between environmental protection and the right... Show moreIn its August 2019 decision in Portillo Cáceres v Paraguay, the Human Rights Committee recognised, for the first time, the existence of a connection between environmental protection and the right to life with dignity. This is not only a landmark decision for the Committee but also represents the consolidation of a body of case law and practice from the three regional human rights courts and other UN human rights bodies which has developed over the last quarter of a century. It also shows the potential of two important and widely debated paragraphs in the newly adopted General Comment No. 36 on the Right to Life, which describe environmental degradation as both an enabler of threats and a direct threat to the right to life. Such potential has been confirmed in another landmark decision of the HRC—Teitiota v New Zealand, relating to climate change as threat to life. This article draws on Portillo Cáceres v Paraguay and Teitiota v New Zealand to analyse this wider field of practice in order to clarify the connection between the right to life and environmental protection, as recognised by the Committee, and considers its potential impact on future litigation. Show less
Climate change has become one of the most pressing problems for both nature and human lives. Marine Protected Areas (MPAs) are part of a “natural solution” to climate change. Most of existing MPAs... Show moreClimate change has become one of the most pressing problems for both nature and human lives. Marine Protected Areas (MPAs) are part of a “natural solution” to climate change. Most of existing MPAs are governed by government agencies rather than private stakeholders such as NGOs, local communities and for-profit enterprises. Nevertheless, with the global push to create MPAs, the number of privately governed MPAs is expected to increase. In this context, this paper aims to investigate the role of private stakeholders in enhancing the governance effectiveness of MPAs so as to improve their capability to counter any adverse impact brought by the changing climate. After analysis, the strengths and weaknesses of the practice of each category of private stakeholders are uncovered and specific recommendations are proposed to promote the future practice. With the increasing number of privately governed MPAs in the future, this paper serves as a starting point and contributes to the literature on the study of the private governance of MPAs in the context of the changing climate. Show less
