This article analyses human rights implications of projects under the Clean Development Mechanism (CDM) of the United Nations Framework Convention on Climate Change (UNFCCC). While the CDM is likely to expire in the near future, the experience gained should be used to inform the rules of the new mechanism to be established under the 2015 Paris Agreement. We argue that the CDM and the new mechanism, as international organisations under the guidance of UNFCCC member states, should apply the UN Guiding Principles on Business and Human Rights. Based on the experience drawn from three case studies (two hydro power projects in Barro Blanco, Panama, and Bujagali, Uganda, and one geothermal energy project in Olkaria, Kenya), we show that CDM projects, while in formal compliance with CDM rules, can lead to a number of human rights infringements. We conclude with a number of recommendations on how to achieve a greater recognition of human rights in the new mechanism under the Paris Agreement.

Disaster displacement is an increasing challenge in the context of climate change. However, there is a lack of research focusing on Europe as a destination area, including on the question how the normative protection gap with regard to cross-border disaster displacement is addressed from a European perspective. Against this background this article provides evidence from a European case study focusing on the role of disaster, such as droughts or floods, in asylum procedures in Austria. Based on a qualitative content analysis of 646 asylum decisions rendered by the Austrian appellate court (supplemented by qualitative interviews with relevant Austrian stakeholders), it is demonstrated that disasters are—to a certain extent—already taken into consideration in Austrian asylum procedures: impacts of disasters are not only brought forward by applicants for either leaving the country of origin or for not wanting or not being able to return. They are also increasingly discussed in the legal reasoning of judgments of the Austrian appellate court. The analysis shows that impacts of disasters play an important role mainly in decisions concerning persons from Somalia, and here primarily in the assessment of the non-refoulement principle under Article 3 ECHR and subsidiary protection. This can be regarded as a response to the protection gap—even though not necessarily applied consistently.

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