Climate Change and Human Rights in the Overseas Colonized Territories of the State

This chapter examines the intersection between climate change and human rights in territory that is ‘subject to divided competence’ as a result of colonization and the imposition of international law. In these places, climate adaptation is complicated by geographical isolation, histories of colonialization, and intricate layers of legal responsibility. This chapter argues that further research is needed into how the human rights framework can be leveraged to respond to climate change in territories which are geographically, culturally, linguistically, and ethnically distinct from the mainland state with which those obligations rest. It contends that a critical and postcolonial lens is necessary to account for the inherent failings in the human rights system while at the same time facilitating the implementation of rights protection for Indigenous Peoples.