On The Administrative Law Of China In Addressing Climate Change
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On the Administrative Law of China in Addressing Climate Change by Shirong Fang,Binglin Tan Pdf
This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities.The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era.This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China.The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.
Climate Change Law in China in Global Context by Xiangbai He,Hao Zhang,Alexander Zahar Pdf
In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country’s legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country’s international obligations on mitigation. The authors are not only interested in China’s laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China’s current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system’s response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.
China's Way to Carbon Emissions Reduction by Ying Shen Pdf
Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.
Combating Climate Change with Section 115 of the Clean Air Act by Michael Burger Pdf
Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, "International Air Pollution" - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.
Climate Change by Oliver Christian Ruppel,Christian Roschmann,Katharina Ruppel-Schlichting Pdf
Die zweibändige Buchpublikation ist ein erster akademischer Versuch das internationale Klimaschutzrecht auch im Zusammenhang internationaler Klimapolitik systematisch darzustellen. Internationales Klimaschutzrecht ist nicht nur ein neues Rechtsgebiet. Das Phänomen Klimawandel durchdringt öffentliches und privates Recht sowie nationales und internationales Recht in unterschiedlichster Weise. Hierbei entstehen neue Bereiche der Rechtsanwendung - sowohl formeller als auch materieller Ausprägung. In diesem Zusammenhang befasst sich die zweibändige Buchpublikation mit dem regimefragmentierten internationalen Recht und dessen vielfach überlappenden Governance-Rahmen. Gekennzeichnet durch seine Komplexität wird das internationale Klimaschutzrecht und insbesondere die Rechte und Pflichten von Staaten und internationalen Akteuren untersucht und gegenübergestellt. In zahlreichen fachübergreifenden Beiträgen internationaler Experten erörtert das Werk die unterschiedlichen Rechts- und Governance-Regime sowie angrenzende völkerrechtliche und weltpolitische Fragestellungen den Klimawandel betreffend.Der erste Band befasst sich mit internationalen Rechtsfragen und den zugrunde liegenden Rechtsinstrumenten, welche den Klimawandel - eine der größten Herausforderungen unserer Zeit - betreffen. Dabei werden u.a. folgende Schwerpunkte gesetzt: Internationaler Klimaschutz und Völkerrecht; Klimawandel und Menschenrechte; verwandte welthandelsrechtliche Fragestellungen; Seerecht und der Anstieg der Meeresspiegel; gerichtliche Überprüfbarkeit und zahlreiche angrenzende Rechtsfragen wie zum Beispiel zu folgenden Themen: Klimaeindämmungsmaßnahmen, natürliches Ressourcen-Management und Klima-Engineering.Der zweite Band beleuchtet, ausgehend von dem Rahmenübereinkommen der Vereinten Nationen über Klimaänderungen, rechtliche, politische und transdisziplinäre Fragestellungen des Klimaschutzes im Spannungsgefüge internationaler Diplomatie und globaler Governance. Die Begrenzung der fortschreitenden Erderwärmung und der Schutz von Mensch und Umwelt vor den Folgen des Klimawandels werden u.a. im Zusammenhang folgender rechtlicher und gesellschaftspolitischer Schwerpunkte untersucht: Internationale Sicherheit; nachhaltige Entwicklung; Klimamigration; und Anpassung an den Klimawandel.
Author : William C. G. Burns,Hari M. Osofsky Publisher : Cambridge University Press Page : 413 pages File Size : 48,5 Mb Release : 2009-07-27 Category : Law ISBN : 9780521879705
Adjudicating Climate Change by William C. G. Burns,Hari M. Osofsky Pdf
This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.
Adaptation to Climate Change by Kheng-Lian Koh,Ilan Kelman,Robert Kibugi,Rose-Liza Eisma Osorio Pdf
Adaptation to Climate Change: ASEAN and Comparative Experiences presents a dynamic and comprehensive collection of works from legal scholars around the world that delves into a relatively new frontier on legal aspects of climate change adaptation with focus on the ASEAN region, both at the regional level as well as at the national level in some ASEAN countries — such as Malaysia, Philippines, and Thailand. Other countries not within ASEAN are also represented, such as Bangladesh, People's Republic of China, Sri Lanka, and the Republic of Taiwan. In doing so, it surveys one of the most important issues confronting developing countries today, and the challenges to building resilient societies. It is an essential source of reference for policy-makers, administrators, the private sector officials, scientists, academic scholars, climatologists, NGOs, and CSOs in ASEAN and the world. Contents:Foreword by Tommy Koh, Ambassado-at-LargePreface and AcknowledgmentsAbout the AuthorsKeynote Address by Raman Letchumanan, formerly Head of the Environment Division, ASEAN SecretariatTheme I: Coastal Warming and Sea Level Rise:Asia-Pacific Islander Responses to Climate Change (Ilan Kelman)Managing Southeast Asian Ecosystems to Reduce Coastal Population Vulnerability Under Sea Level Rise (Daniel A Friess)Theme II: Legal Frameworks/Policies/Governance for Climate Change:Adaptive Water Governance: Lessons Learned from Implementing an Ecosystem-Approach in Mesoamerica (Alejandro Iza, Alexandra Müller, and Valentina Nozza)Legal and Policy Framework for Ecosystem-Based Adaptation to Climate Change in Malaysia: A Reform Oriented Study (Abdul Haseeb Ansari)Policy and Legal Responses to Climate Change Adaptation in China: New Developments, New Challenges (Wang Xi and Gao Qi)Theme III: Key Future Impacts and Vulnerabilities:The Laws, Policies, and Institutions Relating to Climate Change in Thailand: Balancing between "Mitigation" and "Adaptation" (Kanongnij Sribuaiam)The Warsaw International Mechanism: Exploring the Structures and Functions to Address Loss and Damage Associated with Climate Change Impacts (M Hafijul Islam Khan) Geoengineering: An ASEAN Position (Jolene Lin)Theme IV: Economic Interconnections:Assessing Green Jobs in Taiwan: A Tri-Pillar Approach (Fan Chien-Te and Hsu Yun-Hsiang)Sustaining Growth, Climate Change, and Meeting Environmental Obligations: What can ASEAN Governments Do? (Euston Quah and Tan Tsiat Siong)Theme V: Some Case Studies:Options for Adaption to Climate Change (Richard L Ottinger, Wang Pianpian, and Kristen M Motel)Dealing with Climate Migrants: A New Challenge for Developing Nations (Asanga Gunawansa)Climate Change, Migration, and International Law in Southeast Asia (Benoît Mayer)Achieving Human Rights in an Era of Climate Disruption: The Philippines (Amado S Tolentino, Jr.)Theme VI: Adaptation — Disaster Management, Risk Reduction and Humanitarian Assistance:The Legal Regime of Climate Change Adaptation and Disaster Management in Taiwan: Focus on the Major Amendment Following the Devastating Typhoon Morakot of 2009 (Gao Ming-Zhi Anton)Legal Options for Mainstreaming Climate Change Disaster Risk Reduction in Governance for Kenya (Robert Kibugi)Land Tenure Systems as a Challenge for Disaster Recovery: Adapting to Extreme Weather Events after Typhoon Haiyan (Daniel Fitzpatrick and Caroline Compton)The Role of ASEAN in Disaster Management: Legal Frameworks and Case Study of Typhoon Haiyan/Yolanda (Koh Kheng-Lian and Rose-Liza Eisma-Osorio) Readership: Policy-makers, administrators, scientists, academic scholars, climatologists, NGOs and CSOs, and students in the fields of law and environmental science. Key Features:A dynamic collection of works from legal scholars around the world building knowledge in climate change adaptation, one of the important issues confronting people of todayPromotes a "whole of the world" approach to finding solutions to climate change and the challenges to building resilient societiesThis publication is focused on taking stock of legal and policy frameworks on climate change adaptation in ASEAN and other countriesKeywords:Climate Change Adaptation;Legal Frameworks;ASEAN;Nature-based Solutions;Warsaw International Loss and Damage;Mitigation
Global Environmental Sustainability by Choy Yee Keong Pdf
Global Environmental Sustainability: Case Studies and Analysis of the United Nations’ Journey toward Sustainable Development presents an integrated, interdisciplinary analysis of sustainable development, addressing global environmental problems in the contemporary world. It critically examines current actions being taken on global and local scales, particularly in relation to the UN’s efforts to promote sustainable development. This approach is supported by empirical analysis, drawing upon a host of interweaving insights spanning economics, politics, ecology, environmental philosophy, and ethics, among others. As a result, it offers a comprehensive and well-balanced assessment of the overall perspective of sustainable development supported by in-depth content analysis, theoretical evaluation, empirical and actual case studies premised on solid data, and actual field work. Also, the book marks a milestone in placing the Covid-19 pandemic into a perspective for understanding the universality of human collective environmental behavior and action.By utilizing in-depth analysis, both quantitative and qualitative, and challenging the status quo of what is expected in the global approach to sustainable development, Global Environmental Sustainability provides the theory and methodology of empirical sustainable development which is especially germane to our advanced society today, which is deeply entrenched in a crisis of environmental morality. More particularly, it serves as a salient source of moral reconstitution of society grounded in empirical reality to liberate man’s excessive spirit of individualism and self-aggrandizement to the detriment of the environment. Epistemologically, the book furnishes a remarkable tour de force with a new level of analytical insight to help researchers, practitioners, and policymakers in sustainability and environmental science, as well as the many other disciplines involved in sustainable development, to better understand sustainability from a new perspective and provides a methodological direction to pursue solutions going forward. Provides a systematic exposition of sustainable development in all its complexity, with all the chapters complementing each other in an integral way Presents extensive empirical evidence of various environmental problems across the world including China, the United States, Canada, Southeast Asia, South America and Africa, and the extent to which the United Nations has succeeded in driving toward global environmental sustainability Provides a cogent examination of the treatment of our global commons by some of the world’s most powerful leaders Includes data from field studies and in-depth interviews with indigenous people in Borneo’s rainforests of the Malaysian state of Sarawak most affected by environmental change
Legal Issues for Implementing the Clean Development Mechanism in China by Xiaoyi Jiang Pdf
Today, climate change is among the most hotly-debated topics. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. This book discusses what China should do to make full use of the CDM to promote sustainable development and to meet the challenge of climate change from a legal perspective. The findings lead to the conclusion that the CDM has limitations in promoting sustainable development in China, and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward, and some proposals for China to meet the challenge of climate change in the post-2012 era are made. This book offers new insights to academics and policymakers both in the public and private sector. It is intended for legal practitioners and researchers on carbon trading as well as policymakers interested in the role of developing countries in climate change law. In addition, it is of interest to stakeholders of CDM projects.
In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.
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.
Climate Change Litigation: Global Perspectives by Ivano Alogna,Christine Bakker,Jean-Pierre Gauci Pdf
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
