There is an inherent tension between poverty-eradicating, but fossil-fuel intensive, development and global climate change mitigation efforts. The human right to development, as established in the...Show moreThere is an inherent tension between poverty-eradicating, but fossil-fuel intensive, development and global climate change mitigation efforts. The human right to development, as established in the 1986 Declaration, recognizes a right to continuous improvement of life, irrespective of the negative environmental consequences related to this development. There is thus a need to review the human right to development in the context of climate change. In this thesis, I argue for a ‘threshold conception’ of the right to development, as it should be understood as a right to an unconditional process of development till the fulfillment of basic needs. Thereafter, development – then considered economic growth – should be consistent with the concept of sustainability. Moreover, I argue in favor of the adoption of the OHCHR’s Draft Convention on the Right to Development (2020) because it recognizes the triangular interconnectedness of development, the protection of human rights, and climate-related obligations. The convention establishes duties regarding climate mitigation, adaptation, and combatting climate injustices for states and the international community, which can both realize the right to development as the objectives of the human rights approach to climate change.Show less
Small island territories are one of the first that face the disruptive consequences of climate change, although they have historically contributed least. Therefore they increasingly demand...Show moreSmall island territories are one of the first that face the disruptive consequences of climate change, although they have historically contributed least. Therefore they increasingly demand reparative climate justice through climate litigation. The academic debate focuses on sovereign Small Island Developing States, thereby ignoring the relevant differences between SIDS and non-sovereign island territories such as sub-national island jurisdictions (SNIJs). Therefore this research investigates what is owed to sub-national island jurisdiction Bonaire in terms of reparative justice. In May 2023 GreenPeace together with Bonaire sent a pre-litigation letter to the Dutch government. Through a normative method and a case study I investigate their two central reparative demands. I argue that climate reparations for Bonaire, and thus SNIJs should prioritize equity and inclusion. In addition, the two mechanisms climate litigaiton and truth and reconciliation are compared in their ability to facilitate repair for SNIJs. Lastly, theoretical implications about the meaning of post-colonial relationships in reparative justice are formulated.Show less
Democracies face a crisis of self-preservation: how to defend against internal threats without sacrificing core values? This thesis explores militant democracy, a theory allowing limitations on...Show moreDemocracies face a crisis of self-preservation: how to defend against internal threats without sacrificing core values? This thesis explores militant democracy, a theory allowing limitations on freedoms to safeguard the system. While justifications exist that focus on democratic processes or core values, this thesis argues that the latter struggles with defining those values objectively. Can a democracy claim moral superiority without universal moral truths? Additionally, Rijpkema's (2018) concept of democracy as self-correction, another justification for militant democracy, remains unexamined. This research addresses these gaps by analyzing the limitations of defining core substantive democratic values and the challenges posed by the absence of objective morality. The Böckenförde Dictum will be used to support my argument. Furthermore, it provides a critical analysis of Rijpkema's theory. By examining these underexplored aspects, this thesis aims to contribute to a more nuanced understanding of the tension between militant democracy and core democratic principles. Ultimately, it argues that there is an inherent contradiction within militant democracy, as actions against non-violent anti-democratic voices can contradict the will of the people, the very essence of democracy.Show less
As consequences of climate change are becoming increasingly obvious, more and more risky practices are being considered to moderate its repercussions, such as geo-engineering. Climate engineering,...Show moreAs consequences of climate change are becoming increasingly obvious, more and more risky practices are being considered to moderate its repercussions, such as geo-engineering. Climate engineering, however, carries many ethical questions to be considered before it can be deemed an acceptable measure. In this thesis, ethical considerations in regards to the rights of nature will be examined in order to assess its permissibility. The rights of nature seek to question the widely held instrumental view of nature, aiming at conceptualizing the natural world as an interconnected reality, rather than an available and exploitable resource. This is especially important when evaluating geo-engineering since it involves artificially altering natural processes, which may jeopardize nature's integrity. An ecocentric approach will thus shed light on the anthropocentric essence of geo-engineering and its harmful effects towards nature. In all, I will argue how these elements can be turned into a more considerate approach to the practice, should a shift in our conception of nature occur. This in turn will favor a modification of the aim of geo-engineering, whose scope will be expanded to include nature’s rights.Show less
