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Papers by Maria Grahn-Farley

Journal Gender Race & Justice, 2022

Human rights, identity constructions, and climate justice come together in the Paris Agreement. T... more Human rights, identity constructions, and climate justice come together in the Paris Agreement. This Agreement gave rise to an unprecedented level of treaty-based individual claims. These claims have been filed in national, regional, and international forums across the world. This result was the intention of the drafters of the Paris Agreement: to generate a bottom-up force to motivate States to take action to address climate change.
One unfortunate aspects of the Paris Agreement, however, is that it is the only human rights treaty without a formal protection from discrimination. The article begins with an original retracing of the history of the climate justice regime. By following this evolution, it becomes clear that human rights and environmental justice were originally joined together, and it was in the moment of separation the anti-discrimination protection was lost, a loss that carried over into the climate justice regime. For the climate justice movement to not include a formal discrimination protection in the Paris agreement is to forget its history by leaving out the very group of people that provided the link between rights and the environment in the first place. This link between rights and the environment come out of Black peoples’ struggle in a postcolonial fight for liberty against apartheid and colonial domination,
and a civil rights struggle in the USA. On a positive note, this article sees that children have unprecedented individual access to the arena of international human rights law through the Paris Agreement. This is also what makes the Paris Agreement a treaty of mixed messages: it grants rights to children while at the same time it eliminates the discrimination protection of the people that provided the link between rights and the environment in the first place. This internal tension of the treaty needs to be further explored if we are to understand its full potential and its severe weakness.
To better understand how identity is argued in human rights climate change litigation this article relies on the data base of the Columbia Climate School Sabin Center for Climate Change for its textual analysis on human rights climate change cases. The material reviewed here is selected from fifty petitions. Out of the fifty petitions, twenty cases were
selected based on two criteria: they were composed in, or translated into,
English and they were filed by non-state actors. The result was surprising; half of the petitions identified being a child as a legal ground for their claim.

BIO: *School of Law, Birkbeck College, University of London, UK I should like to thank very much ... more BIO: *School of Law, Birkbeck College, University of London, UK I should like to thank very much Emily H. Malandra for her friendly assistance, intellectual conversation, and for her impeccable editorial work on this paper. A shorter version of this paper was first presented at the ...

American children in juvenile detentions are often victims of severe human rights abuses, especia... more American children in juvenile detentions are often victims of severe human rights abuses, especially international child rights codified in the UN Convention on the Rights of the Child.

Chapter 1: Four Relationships Between War and Commerce Chapter 2: The Effect of Conquest on Priva... more Chapter 1: Four Relationships Between War and Commerce Chapter 2: The Effect of Conquest on Private Property and Contract Rights Chapter 3: The Effect of Occupation on Private Property and Contract Rights Chapter 4: The Creative Tension Between Commercial Freedom and Belligerent Rights Chapter 5: War, Investment and International Law Chapter 6: Slippages in the Public/Private in Resource Wars Chapter 7: Commercializing War: Private Military and Security Companies, Mercenaries and International Law

INTERNATIONAL CHILD RIGHTS ABROAD & At HOME: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF TH... more INTERNATIONAL CHILD RIGHTS ABROAD & At HOME: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF THE CHILD

The U.N. Convention on the Rights of the Child and the Forgotten History of the White House Child... more The U.N. Convention on the Rights of the Child and the Forgotten History of the White House Children's Conferences, 1909-1971

International Child Rights at Home & (and) Abroad: A Symposium on the UN Convention on the Rights... more International Child Rights at Home & (and) Abroad: A Symposium on the UN Convention on the Rights of the Child.

The UN Convention on the Rights of the Child is the most ratified treaty in the World. There are ... more The UN Convention on the Rights of the Child is the most ratified treaty in the World. There are more state parties to the CRC than members to the United Nations. The only non members to the CRC are the United States of America and Somalia.

Brook. J. Int'l L., 2003

... I do not refer to philosophical an thropology, which has been attached to Heidegger's in... more ... I do not refer to philosophical an thropology, which has been attached to Heidegger's interest in "Man." Hei degger himself rejected the connection between his work and philosophical anthropology. ... The young man will think that she is a human being and will want to follow her. ...

DePaul L. Rev., 2003

As all the negroes introduced into America were brought as slaves, the black color of the race ra... more As all the negroes introduced into America were brought as slaves, the black color of the race raises the presumption of slavery, contrary to the principles of common law, which would presume freedom .... This presumption is extended, in most of the States, to mulattoes or persons of mixed blood, casting upon them the onus of proving a free maternal ancestor. 1

Journal Gender Race & Justice, 2022

Human rights, identity constructions, and climate justice come together in the Paris Agreement. T... more Human rights, identity constructions, and climate justice come together in the Paris Agreement. This Agreement gave rise to an unprecedented level of treaty-based individual claims. These claims have been filed in national, regional, and international forums across the world. This result was the intention of the drafters of the Paris Agreement: to generate a bottom-up force to motivate States to take action to address climate change.
One unfortunate aspects of the Paris Agreement, however, is that it is the only human rights treaty without a formal protection from discrimination. The article begins with an original retracing of the history of the climate justice regime. By following this evolution, it becomes clear that human rights and environmental justice were originally joined together, and it was in the moment of separation the anti-discrimination protection was lost, a loss that carried over into the climate justice regime. For the climate justice movement to not include a formal discrimination protection in the Paris agreement is to forget its history by leaving out the very group of people that provided the link between rights and the environment in the first place. This link between rights and the environment come out of Black peoples’ struggle in a postcolonial fight for liberty against apartheid and colonial domination,
and a civil rights struggle in the USA. On a positive note, this article sees that children have unprecedented individual access to the arena of international human rights law through the Paris Agreement. This is also what makes the Paris Agreement a treaty of mixed messages: it grants rights to children while at the same time it eliminates the discrimination protection of the people that provided the link between rights and the environment in the first place. This internal tension of the treaty needs to be further explored if we are to understand its full potential and its severe weakness.
To better understand how identity is argued in human rights climate change litigation this article relies on the data base of the Columbia Climate School Sabin Center for Climate Change for its textual analysis on human rights climate change cases. The material reviewed here is selected from fifty petitions. Out of the fifty petitions, twenty cases were
selected based on two criteria: they were composed in, or translated into,
English and they were filed by non-state actors. The result was surprising; half of the petitions identified being a child as a legal ground for their claim.

BIO: *School of Law, Birkbeck College, University of London, UK I should like to thank very much ... more BIO: *School of Law, Birkbeck College, University of London, UK I should like to thank very much Emily H. Malandra for her friendly assistance, intellectual conversation, and for her impeccable editorial work on this paper. A shorter version of this paper was first presented at the ...

American children in juvenile detentions are often victims of severe human rights abuses, especia... more American children in juvenile detentions are often victims of severe human rights abuses, especially international child rights codified in the UN Convention on the Rights of the Child.

Chapter 1: Four Relationships Between War and Commerce Chapter 2: The Effect of Conquest on Priva... more Chapter 1: Four Relationships Between War and Commerce Chapter 2: The Effect of Conquest on Private Property and Contract Rights Chapter 3: The Effect of Occupation on Private Property and Contract Rights Chapter 4: The Creative Tension Between Commercial Freedom and Belligerent Rights Chapter 5: War, Investment and International Law Chapter 6: Slippages in the Public/Private in Resource Wars Chapter 7: Commercializing War: Private Military and Security Companies, Mercenaries and International Law

INTERNATIONAL CHILD RIGHTS ABROAD & At HOME: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF TH... more INTERNATIONAL CHILD RIGHTS ABROAD & At HOME: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF THE CHILD

The U.N. Convention on the Rights of the Child and the Forgotten History of the White House Child... more The U.N. Convention on the Rights of the Child and the Forgotten History of the White House Children's Conferences, 1909-1971

International Child Rights at Home & (and) Abroad: A Symposium on the UN Convention on the Rights... more International Child Rights at Home & (and) Abroad: A Symposium on the UN Convention on the Rights of the Child.

The UN Convention on the Rights of the Child is the most ratified treaty in the World. There are ... more The UN Convention on the Rights of the Child is the most ratified treaty in the World. There are more state parties to the CRC than members to the United Nations. The only non members to the CRC are the United States of America and Somalia.

Brook. J. Int'l L., 2003

... I do not refer to philosophical an thropology, which has been attached to Heidegger's in... more ... I do not refer to philosophical an thropology, which has been attached to Heidegger's interest in "Man." Hei degger himself rejected the connection between his work and philosophical anthropology. ... The young man will think that she is a human being and will want to follow her. ...

DePaul L. Rev., 2003

As all the negroes introduced into America were brought as slaves, the black color of the race ra... more As all the negroes introduced into America were brought as slaves, the black color of the race raises the presumption of slavery, contrary to the principles of common law, which would presume freedom .... This presumption is extended, in most of the States, to mulattoes or persons of mixed blood, casting upon them the onus of proving a free maternal ancestor. 1

Voices on Law and Activism Addressing the Work of Adam Gearey, 2020

A postcolonial reading of Adam Geary's Poverty Law and Legal Activism: Lives That Slide Out of Vi... more A postcolonial reading of Adam Geary's Poverty Law and Legal Activism: Lives That Slide Out of View, Routledge (2018).