Abstract
There is a failure of the governments to address the impacts of climate change. Therefore, it is urgent to develop an adaptive capacity for the present and future effects of climate change caused by anthropogenic factors. There is a fertile ground for adaptation strategies based on climate litigation and measures of responsibility. Litigants can enhace their access to justice mechanisms looking for effective remedies related to human rights and the environment. Colombia is one of the most mega biodiverse countries in the world and it has a constitutional duty to protect the environment. Colombian national courts have developed a tendency in their judicial decisions to declare a legal personality of nature and its elements to shape remedies to develop adaptation climate measures to conserve ecosystems and their biodiversity to increase their resilience and adaptive capacity. The recognition of the legal personhood and rights of nature in Colombia has produced an advance in environmental policies and human rights. The cases of the Atrato River and the Amazon Rainforest are a clear example of how climate justice contributes to the implementation of adaptation measures based on the conservation of ecosystems. Nevertheless, other modalities of environmental protection are emerging through the implementation of the figures of protected areas, which do not involve a judicial decision but rather are driven by private initiatives. The implementation of protected areas is a highly effective measure to conserve nature, since it increases resilience, strengthens adaptive capacity, and reduces vulnerability to the impacts of climate change.
Presenters
Violeta VelásquezResearcher Lawyer, Architecture Faculty, Colombian National University, Antioquia, Colombia
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Human Impacts and Responsibility
KEYWORDS
Climate Justice,Adaptation and Resilience,Measures of Responsibility,Environmental Policies,anthropogenic factors
