Fairness In International Climate Change Law And Policy

Author : Friedrich Soltau
Publisher : Cambridge University Press
Page : 305 pages
File Size : 52,7 Mb
Release : 2009-09-14
Category : Law
ISBN : 9781139479363

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Fairness in International Climate Change Law and Policy by Friedrich Soltau Pdf

This work analyses fairness dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. On the basis of an overview of science and the development of the climate regime, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the seemingly intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change - grounded in practical developments and illustrated with reference to the key issues - can add value to our understanding of the options for international climate law and policy.

Author : Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
Publisher : Oxford University Press
Page : 417 pages
File Size : 49,5 Mb
Release : 2017
Category : Law
ISBN : 9780199664290

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International Climate Change Law by Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani Pdf

A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.

Author : W. Neil Adger,Jouni Paavola,Saleemul Huq,M. J. Mace
Publisher : MIT Press
Page : 337 pages
File Size : 47,9 Mb
Release : 2006
Category : Climatic changes
ISBN : 9780262012270

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Fairness in Adaptation to Climate Change by W. Neil Adger,Jouni Paavola,Saleemul Huq,M. J. Mace Pdf

Providing a scientific and policy analysis on the challenges of ensuring that adaptation to global climate change doesn't place unfair burdens on vulnerable populations, this book argues that the key to adapting to climate change lies in recognising the equity and justice issues inherent in its causes and in human responses to it.

Author : Rosemary Gail Rayfuse,Shirley V. Scott
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 47,7 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006085

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International Law in the Era of Climate Change by Rosemary Gail Rayfuse,Shirley V. Scott Pdf

'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Author : Benjamin J. Richardson,Yves Le Bouthillier,Heather McLeod-Kilmurray,Stepan Wood
Publisher : Edward Elgar Publishing
Page : 443 pages
File Size : 47,7 Mb
Release : 2009-11-27
Category : Science
ISBN : 9781849802321

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Climate Law and Developing Countries by Benjamin J. Richardson,Yves Le Bouthillier,Heather McLeod-Kilmurray,Stepan Wood Pdf

'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' - Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental Law This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over twenty international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law.

Author : Thoko Kaime
Publisher : Routledge
Page : 241 pages
File Size : 50,9 Mb
Release : 2014-03-26
Category : Business & Economics
ISBN : 9781136020483

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International Climate Change Law and Policy by Thoko Kaime Pdf

Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.

Author : Ferenc L. Tóth
Publisher : Routledge
Page : 252 pages
File Size : 41,8 Mb
Release : 2019-07-23
Category : Political Science
ISBN : 9781134187133

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Fair Weather by Ferenc L. Tóth Pdf

Is a unique, cross-disciplinary assessment of fairness and equity issues in the context of global climate change - a crucial dimension in current international negotiations - written by a collection of leading scientists in economics, sociology and social psychology, ethics, international law and political science. How should responsibility for adapting to climate change be distributed? Who should bear the costs of mitigating its impacts and how should these costs be measured? Answers to these questions differ, often according to the vulnerability, wealth and level of industrial development of the country. Finding a fair solution is controversial, but crucial to the complex and vital negotiations over global warming. This illuminating and accessible volume explores the policy dimensions and analytical needs of the negotiation process. It is essential reading for policy makers and students and teachers of economics, sociology and social psychology, ethics, international relations, law and political science. FERENC L TOTH is project leader at the Department of Global Change and Social Systems at the Potsdam Institute for Climate Impact Research (PIK), Germany. CONTRIBUTORS H Asbjorn Aaheim Frank Biermann Samuel Fankhauser Carsten Helm Juliane Kokott Joanne Linnerooth-Bayer Volker Linneweber Elizabeth L Malone Shuzo Nishioka Originally published in 1999 David W Pearce Steve Rayner P R Shukla Dominik Thieme Michael Thompson Richard S J Tol David G Victor

Author : Shamsu Yahaya
Publisher : GRIN Verlag
Page : 57 pages
File Size : 47,7 Mb
Release : 2010-02
Category : Climatic changes$xInternational cooperation
ISBN : 9783640520633

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Climate Change by Shamsu Yahaya Pdf

Essay from the year 2009 in the subject Environmental Sciences, grade: b1, University of Abertay Dundee, course: llm petroleum law and policy, language: English, abstract: Scientific evidence in recent times is indicating that the global climate is rapidly changing than was previously thought. This has made world leaders and policy makers to take action so as to avert environmental disaster . As the table below shows, global greenhouse gas emissions have been on a steady increase over the decades. FIGURE 1 Source: ipcc-www.greenfacts.org/en/climate-change-ar4/figtableboxes/figure-20.htm - 6k - How best to achieve success in reducing greenhouse gas emissions is the focus of a substantial body of literature. Furthermore, the design and implementation of a regulatory scheme is not an easy task. The question raised in this paper is a critical look at the inclusion of equity in the international climate change regime. This is in view to critically assess the rationale, nature, implementation, success and limitations of equity as it has been provided for by the legal regimes. Our findings will demonstrate that the inclusion of equity as a cardinal strategy for the reduction of greenhouse gasses and protecting the earth's atmosphere from environmental degradation in general is a noble idea. However, certain loopholes exist in the law as well as the implementation process. The major weakness of the climate change regime is that the United States which is the largest pollutant is not a signatory to the Kyoto Protocol. Also, as will be shown in this paper, the blanket exclusion of developing countries from emissions reduction commitment based on equitable concerns is not neither ideal nor pragmatic; this is because some developing countries are classified as being responsible for global warming due to industrial activities.

Author : Erkki J. Hollo,Kati Kulovesi,Michael Mehling
Publisher : Springer Science & Business Media
Page : 693 pages
File Size : 40,6 Mb
Release : 2012-12-04
Category : Law
ISBN : 9789400754409

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Climate Change and the Law by Erkki J. Hollo,Kati Kulovesi,Michael Mehling Pdf

Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives. In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law. Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”

Author : Stephen Humphreys
Publisher : ICHRP
Page : 127 pages
File Size : 50,5 Mb
Release : 2008
Category : Climatic changes
ISBN : 9782940259830

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Climate Change and Human Rights by Stephen Humphreys Pdf

Author : Luke Tomlinson
Publisher : Springer
Page : 201 pages
File Size : 45,9 Mb
Release : 2015-04-28
Category : Science
ISBN : 9783319171845

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Procedural Justice in the United Nations Framework Convention on Climate Change by Luke Tomlinson Pdf

This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.

Author : Cinnamon Piñon Carlarne
Publisher : Unknown
Page : 406 pages
File Size : 51,6 Mb
Release : 2010
Category : Law
ISBN : 9780199553419

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Climate Change Law and Policy by Cinnamon Piñon Carlarne Pdf

Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.

Author : Hari Osofsky,Lesley McAllister
Publisher : Aspen Publishing
Page : 554 pages
File Size : 47,9 Mb
Release : 2012-08-21
Category : Law
ISBN : 9781454836025

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Climate Change Law and Policy by Hari Osofsky,Lesley McAllister Pdf

Pioneers in an emergent field, the authors of Climate Change Law and Policy have created a modular and accessible text with extensive web resources. Designed for 2- and 3-credit courses, discussion, commentary, and exercises are integrated into every chapter. Tracing key legal developments, the scope of this landmark text spans international, United States, foreign, state and local, and nongovernmental efforts to address climate change. A concise text that takes a global view, Climate Change Law and Policy features: accessible and modular format that can adapt to a variety of teaching objectives timely coverage of key legal developments in climate change control around the world discussion of the role of non-nation-state actors in forming climate change policy, including cities, corporations, NGO's, and individuals draws from commentary of leading experts on each topic exercises in each chapter based on major law and policy issues extensive web resources, including updates and links

Author : Tuula Honkonen
Publisher : Kluwer Law International B.V.
Page : 434 pages
File Size : 45,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131539

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The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements by Tuula Honkonen Pdf

Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

Author : Duncan French
Publisher : Juris Publishing, Inc.
Page : 248 pages
File Size : 55,5 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015060645499

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International Law and Policy of Sustainable Development by Duncan French Pdf

It is now generally accepted that sustainable development has become a central objective of the international community. This text examines the politics and history of the term, before moving on to analyse relevant principles of international law in this context.