International Law Obligations On Climate Change Mitigation

Author : Benoit Mayer
Publisher : Oxford University Press
Page : 417 pages
File Size : 53,9 Mb
Release : 2022-07-11
Category : Law
ISBN : 9780192655752

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International Law Obligations on Climate Change Mitigation by Benoit Mayer Pdf

Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they are often more demanding. The second part explores how these general obligations can be applied objectively, for instance by a court, in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action, the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation, vigilance, and consistency. This book presents a first comprehensive doctrinal study of states' obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and, possibly, human rights treaties. It also explores the interactions between these multiple obligations.

Author : Rosemary Gail Rayfuse,Shirley V. Scott
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 55,6 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 : Mayer Benoit
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2022
Category : Climate change mitigation
ISBN : 0192655744

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International Law Obligations on Climate Change Mitigation by Mayer Benoit Pdf

A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.

Author : Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,6 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 : Benoit Mayer
Publisher : Cambridge University Press
Page : 335 pages
File Size : 45,6 Mb
Release : 2018-06-28
Category : Law
ISBN : 9781108419871

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The International Law on Climate Change by Benoit Mayer Pdf

A synthesis of the relevant agreements, customary norms and ongoing discussions on the international law on climate change.

Author : Cinnamon Piñon Carlarne,Kevin R. Gray,Richard Tarasofsky
Publisher : Oxford University Press
Page : 849 pages
File Size : 46,5 Mb
Release : 2016
Category : Law
ISBN : 9780199684601

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The Oxford Handbook of International Climate Change Law by Cinnamon Piñon Carlarne,Kevin R. Gray,Richard Tarasofsky Pdf

"Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. ... This book addresses the major legal dimensions of the problems caused by climate change: including questions ranging from how to implement international legal frameworks at the national level, to how carbon trading systems can be used as a means of reducing the costs of meeting emission reduction targets."--Book jacket.

Author : Erkki J. Hollo,Kati Kulovesi,Michael Mehling
Publisher : Springer Science & Business Media
Page : 693 pages
File Size : 41,7 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 : Reins, Leonie,Verschuuren, Jonathan
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 50,9 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781839101595

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Research Handbook on Climate Change Mitigation Law by Reins, Leonie,Verschuuren, Jonathan Pdf

This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.

Author : Ottavio Quirico,Mouloud Boumghar
Publisher : Routledge
Page : 489 pages
File Size : 46,9 Mb
Release : 2015-09-07
Category : Law
ISBN : 9781317662679

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Climate Change and Human Rights by Ottavio Quirico,Mouloud Boumghar Pdf

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Author : Peter Lawrence
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 49,5 Mb
Release : 2014-04-25
Category : Science
ISBN : 9780857934161

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Justice for Future Generations by Peter Lawrence Pdf

Peter Lawrence�s Justice for Future Generations breaks new ground by using a multidisciplinary approach to tackle the issue of what ethical obligations current generations have towards future generations in addressing the threat of climate change. This

Author : Stephen Humphreys
Publisher : ICHRP
Page : 127 pages
File Size : 41,8 Mb
Release : 2008
Category : Climatic changes
ISBN : 9782940259830

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Climate Change and Human Rights by Stephen Humphreys Pdf

Author : Benjamin J. Richardson,Yves Le Bouthillier,Heather McLeod-Kilmurray,Stepan Wood
Publisher : Edward Elgar Publishing
Page : 443 pages
File Size : 51,9 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 : Jaap Spier,Ulrich Magnus
Publisher : AFRICAN SUN MeDIA
Page : 258 pages
File Size : 51,6 Mb
Release : 2014-07-01
Category : Science
ISBN : 9781920689278

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Climate Change Remedies by Jaap Spier,Ulrich Magnus Pdf

ÿClimate change poses very serious risks to mankind. Adaptation and damages are emphasised more and more. Although adaptation is important, priority should be given to prevention (mitigation). The contributions in this volume emanate from an international research project that deals with a legal kaleidoscope of legal issues and focuses primarily on preventive remedies. The contributions of Spier and Magnus tackle injunctive relief and discuss the myriad of legal questions courts have to answer if they are willing to grant injunctive relief. This part of the book addresses procedural, private international and substantive law. Kemp?s contribution discusses the role criminal law could play to come to grips with the threats of climate change. So far, the greater part of the debate is about the United States, Europe and, increasingly, Asia. Ruppel fills this gap by painting an African perspective.

Author : Roda Verheyen
Publisher : BRILL
Page : 418 pages
File Size : 48,6 Mb
Release : 2005-11-01
Category : Law
ISBN : 9789047427407

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Climate Change Damage and International Law by Roda Verheyen Pdf

This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

Author : Alexander Zahar
Publisher : Routledge
Page : 187 pages
File Size : 51,9 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9781134617562

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Climate Change Finance and International Law by Alexander Zahar Pdf

Since 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime – the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential – constitutes a poorly understood topic. Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states’ climate finance obligations to date. The book will be of interest to scholars and students of international law and policy, international relations, and the maturing field of climate change law.