The Human Rights-Based Approach to Carbon Finance
Professor Damilola S. Olawuyi, LL.B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford)
Professor of Law and Director, OGEES Institute, Afe Babalola University, Ado Ekiti.
The Human Rights Based Approach to Carbon Finance analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
- Examines the indirect impact of climate change on human rights, an area which has hitherto not been subject to exhaustive and rigorous exposition and analysis
- Proposes a legal and institutional framework through which countries can respect and protect human rights and adhere to recent UN treaties, resolutions and declarations
- Provides practical information on how companies can incorporate human rights due diligence into general corporate risk management processes
Reviews & endorsements
‘Damilola S. Olawuyi has tackled the intersection of three issues of great complexity and even greater importance: the design of projects that are needed to reduce our greenhouse gas emissions, and thus avoid the worst effects of climate change; the methods being used to pay for these projects; and the effect that the projects will have on the communities (often indigenous populations) that live in or near the places where these projects are carried out. This book displays a mastery of the actual problems these projects face in the real world … It also presents concrete proposals for reconciling at least some of the conflicts. Human rights and climate finance have too often been very separate spheres of study; Olawuyi has now brought them together in a way that performs a great service in helping us understand and constructively deal with the tensions between them.’ Michael B. Gerrard, Andrew Sabin Professor of Professional Practice, and Director, Sabin Center for Climate Change Law, Columbia Law School
‘This book is about the big issue in the transition to sustainability – the linking of equity with sustainability. No longer is it tolerable to focus only on environmental impact. Development must be approached and financed through the triple lens of environmental, social and economic sustainability … The book discusses what this means in practical terms – an expanded role for bodies presently engaged in screening carbon projects, a requirement for a specific human rights impact assessment, review mechanisms, better governance and compliance and complaints committees. Dr Damilola S. Olawuyi has written a clear, well-informed and documented work, in a field which should and does engage all of us ever more.’ The Right Hon. The Lord Jonathan Hugh Mance, Justice of the Supreme Court of the United Kingdom and Chair, International Law Association
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