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Journal articles on the topic 'Climate Law'

Author: Grafiati

Published: 24 June 2021

Last updated: 9 March 2023

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1

Etty, Thijs, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, and Josephine van Zeben. "Transnational Climate Law." Transnational Environmental Law 7, no. 2 (July 2018): 191–200. http://dx.doi.org/10.1017/s2047102518000183.

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2

Williams, Angela. "Climate Change Law." Social & Legal Studies 20, no. 4 (December 2011): 499–513. http://dx.doi.org/10.1177/0964663911414240.

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This article considers how climate change law, global politics, and governance structures facilitate and sustain economic and social insecurity. Climate change itself targets existing environmental and social vulnerabilities and creates additional pressures on communities already subject to vast degrees of inequity. However, the legal framework developed in response to climate change is increasingly causing concern regarding the extent to which it similarly sustains inequity and insecurity for those most vulnerable. Climate change displacement is considered as a case study scenario to highlight the difficulties faced in creating an adequate and effective legal response that acts to remedy existing insecurity, rather than further sustaining it. Both the way in which ineffectual climate change law fosters insecurity, and the extent to which law creates the structural conditions for insecurity, are examined.

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3

Kartskhiya, А. А. "Climate law and climate sovereignty of Russia." Союз криминалистов и криминологов 2 (2022): 90–105. http://dx.doi.org/10.31085/2310-8681-2022-2-208-90-105.

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4

Lyster, Rosemary. "Climate Change Law (2019)." Yearbook of International Disaster Law Online 2, no. 1 (February 19, 2021): 450–62. http://dx.doi.org/10.1163/26662531_00201_025.

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5

A Young, Margaret. "Climate Change and Law." University of Queensland Law Journal 40, no. 3 (November 10, 2021): 351–70. http://dx.doi.org/10.38127/uqlj.v40i3.6045.

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Climate change is a global problem. This characterisation has major consequences for international law, domestic law and legal education. Drawing on legal developments, scholarship and pedagogy, this article has three main claims. First, it argues that lawyers dealing with climate change require proficiency across different areas of law, not just the law that seeks to limit greenhouse gas emissions. Secondly, to better understand how these areas of law fit together, and how they should fit together, the article points to relevant theories, including ideas relating to fragmentation and regime interaction within international law. Thirdly, the article examines ways in which legal education can encourage ethical and moral evaluations as well as strategic awareness, especially to ensure that legal action to address climate change does not perpetuate inequalities and injustice within the community of states. Legal education and law have important roles in mitigating climate change and in fostering a sensibility that recognises the unequal burdens between and within countries. In training the arbiters of global destiny, today’s law schools must continue to critique the law’s relationship with modern production and consumption patterns.

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6

Lyster, Rosemary. "Climate Change Law (2020)." Yearbook of International Disaster Law Online 3, no. 1 (February 21, 2022): 512–35. http://dx.doi.org/10.1163/26662531_00301_027.

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7

Nason, Gina. "Essential EU Climate Law." Reference Reviews 30, no. 4 (May 16, 2016): 10–16. http://dx.doi.org/10.1108/rr-01-2016-0012.

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8

Mason-Case, Sarah. "International climate change law." International Affairs 94, no. 4 (July 1, 2018): 940–41. http://dx.doi.org/10.1093/ia/iiy109.

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9

Lyster, Rosemary. "Climate Change Law (2018)." Yearbook of International Disaster Law 1, no. 1 (November 7, 2019): 388–97. http://dx.doi.org/10.1163/26662531-01001025.

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10

Bansal, Kshitij, and Armin Rosencranz. "Energy, climate, and law." Jindal Global Law Review 10, no. 1 (April 2019): 1–5. http://dx.doi.org/10.1007/s41020-019-00093-2.

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11

Ireland-Piper, Danielle, and Nick James. "The Obligation of Law Schools to Teach Climate Change Law." University of Queensland Law Journal 40, no. 3 (November 21, 2021): 319–50. http://dx.doi.org/10.38127/uqlj.v40i3.6083.

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Climate change will impact most, if not all, aspects of law and regulation. Law is a key mechanism of social governance, and it has a key role to play in regulating and addressing the causes and consequences of climate change. In the midst of the unfolding climate crisis law schools have a clear and pressing obligation to contribute to efforts to address climate change and its consequences by ensuring climate change law occupies an appropriate place in the law curriculum. In this article we consider the obligation of universities, and law schools in particular, to respond appropriately to the climate crisis in their program offerings. We begin by reflecting on the obligation of law schools and universities to contribute to the public good, an obligation often downplayed given the contemporary emphasis upon the ‘job-readiness’ of graduates and other neoliberal priorities. We then focus on the obligation of universities and law schools to respond appropriately to climate change. We examine the landscape of climate change law and identify the essential elements of climate change law for inclusion in the law curriculum. And we conclude by identifying examples of ways in which law schools are already incorporating climate change law into their law programs.

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12

Grossman, Margaret Rosso. "Climate Change and the Law." American Journal of Comparative Law 58, no. 1 (January 1, 2010): 223–55. http://dx.doi.org/10.5131/ajcl.2009.0024.

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13

Jelev, Viorica. "Mountain law and climate change." Journal of Economic Development, Environment and People 7, no. 4 (December 19, 2018): 80. http://dx.doi.org/10.26458/jedep.v7i4.599.

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This paper presents 22 indicators used to put into evidence the actual global warming trends. The indicators are the outputs of a detailed research activities performed by scientists from all over the world. These 22 indicators were divided into eight separate categories: atmosphere and climate; glaciers, snow and ice; marine systems; terrestrial ecosystems and biodiversity; water; agriculture; economy; human health. Some specific mountain area aspects are relieved with Mountai Low in Romania.

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14

Bonython, Wendy. "Tort Law and Climate Change." University of Queensland Law Journal 40, no. 3 (November 10, 2021): 421–58. http://dx.doi.org/10.38127/uqlj.v40i3.6043.

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Tort law presents doctrinal barriers to plaintiffs seeking remedies for climate change harms in common law jurisdictions. However, litigants are likely to persist in pursuing tortious causes of action in the absence of persuasive policy and regulatory alternatives. Ongoing litigation in Smith v Fonterra Co-operative Group Ltd in New Zealand and Sharma v Minister for Environment in Australia highlights tensions between torts doctrine and climate change litigation in both countries. Regardless of its ultimate outcome, that litigation provides a valuable opportunity to integrate theoretical questions about the legitimacy of judicial lawmaking, and intersectional critical legal perspectives, into the teaching of torts.

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15

Ramírez Bañuelos, Jesús Francisco. "Climate change in international law." Revista Electrónica de Derecho Internacional Contemporáneo 4, no. 4 (October 5, 2021): 017. http://dx.doi.org/10.24215/2618303xe017.

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Using a critical approach, this essay documents the principles of international law that have an impact on climate change. It then identifies the resources available to States and individuals to demand compliance with climate change obligations and assesses their chances of success. Finally, a new approach is put forward that would help solve conflicts more effectively.

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16

Ramírez Bañuelos, Jesús Francisco. "Climate change in international law." Revista Electrónica de Derecho Internacional Contemporáneo 4, no. 4 (October 5, 2021): 017. http://dx.doi.org/10.24215/2618303xe017.

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Using a critical approach, this essay documents the principles of international law that have an impact on climate change. It then identifies the resources available to States and individuals to demand compliance with climate change obligations and assesses their chances of success. Finally, a new approach is put forward that would help solve conflicts more effectively.

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17

Kibandama, A. "Climate Change Law in Uganda." Carbon & Climate Law Review 13, no. 4 (2019): 246–56. http://dx.doi.org/10.21552/cclr/2019/4/5.

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18

Schebesta, Hanna, and Kai Purnhagen. "Dutch government appeals climate law." Nature 526, no. 7574 (October 2015): 506. http://dx.doi.org/10.1038/526506b.

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19

Sachs, Jeffrey D. "Climate Change and the Law." Scientific American 297, no. 5 (November 2007): 38–40. http://dx.doi.org/10.1038/scientificamerican1107-38.

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20

Zahar, Alexander. "Methodological Issues in Climate Law." Climate Law 5, no. 1 (August 26, 2015): 25–34. http://dx.doi.org/10.1163/18786561-00501006.

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This article is the fifth in a series of papers on the International Law Association’s assertion that the principle of prevention (i.e. the obligation of states in international law to prevent transboundary harm, also known as the no-harm rule) properly belongs to the corpus of international climate change law.1 I have been the only participant in the debate so far to refute the ila’s position. Here, I respond to the fourth article in the series, by Benoit Mayer. While Mayer has produced a lucid and helpful argument, he commits several errors in the process of defending and elaborating the ila thesis. I address them under this essay’s broad title because they are essentially errors of method.

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21

Koch, Hans-Joachim. "Climate Change Law in Germany." Journal for European Environmental & Planning Law 7, no. 4 (2010): 411–36. http://dx.doi.org/10.1163/161372710x543235.

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AbstractOver the past two decades, Germany has created a sophisticated climate change legislation framework which in many instances implements international and particularly EU requirements. In some areas, Germany has played a pioneer role in shaping the development of EU law. As an environmental problem of truly global scale, climate change mitigation is heavily reliant on the achievement of international consensus. But it also requires effective, level-specific solutions to problems at all rungs of the multi-level policy hierarchy comprising the international community, the European Union and the Federal Republic of Germany with its sixteen states and numerous cities and municipalities. Much progress has therefore already been made, but efforts must be greatly intensified right across the board.

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22

Carnwath, Lord. "Law Reform and Climate Change." Amicus Curiae 3, no. 2 (February 28, 2022): 157–67. http://dx.doi.org/10.14296/ac.v3i2.5406.

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23

Onzivu, William. "International Climate Change Law, Health Promotion and Evolving Domestic Climate Law in Developing Countries." African Yearbook of International Law Online / Annuaire Africain de droit international Online 18, no. 1 (2010): 257–85. http://dx.doi.org/10.1163/22116176-01801010.

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24

Yildiz, Aylin. "Research Handbook on Climate Change, Migration and the Law, Research Handbooks in Climate Law." International Journal of Refugee Law 31, no. 4 (December 2019): 610–12. http://dx.doi.org/10.1093/ijrl/eez045.

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25

SAAB, ANNE. "Climate-Resilient Crops and International Climate Change Adaptation Law." Leiden Journal of International Law 29, no. 2 (April 29, 2016): 503–28. http://dx.doi.org/10.1017/s0922156516000121.

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AbstractThis article explores the role of international climate change adaptation law in promoting the use of genetically engineered crops as an adaptation strategy. The severity of climate change impacts and the realization that, by now, some adverse effects are inevitable, has intensified the urgency to devise effective adaptation strategies. Genetically engineered climate-resilient crops are presented as one possible means to adapt to the predicted adverse impacts of climate change on agriculture and crop yields. Despite increased attention on the research and development of climate-resilient crops, particularly by private sector seed corporations, there are many controversies surrounding this proposed adaptation strategy. The key contentions relate to apprehensions about genetically engineered crops more generally, the effectiveness of climate-resilient crops, and the involvement of the private sector in international climate change adaptation initiatives.The main argument in this article is that the emerging field of international climate change adaptation law contributes to promoting genetically engineered climate-resilient crops as a possible means of adaptation. Moreover, international adaptation law creates an enabling environment for the active engagement of private sector corporations in devising adaptation strategies. Notwithstanding controversies over genetically engineered crops and the role of the private sector, there has been little consideration so far of the influence of the growing international legal regime on climate change on the types of adaptation strategies that are devised and promoted.

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26

Hilson, C. "It's All About Climate Change, Stupid! Exploring the Relationship Between Environmental Law and Climate Law." Journal of Environmental Law 25, no. 3 (October 15, 2013): 359–70. http://dx.doi.org/10.1093/jel/eqt019.

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27

Faure, Michael, and Jing Liu. "Urgently Needed: Climate Lawyers." Climate Law 8, no. 3-4 (October 31, 2018): 161–71. http://dx.doi.org/10.1163/18786561-00803003.

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We argue that climate law has specific features—including scientific complexity, a strongly transboundary nature, and long-term effects—that make it more challenging to study than other more traditional domains of environmental law. As a consequence, an interdisciplinary perspective may be needed even more for climate law than for the traditional study of environmental law. Climate law is to some extent underestimated by scientists, who should realize that for effective mitigation of greenhouse gases and adaptation to climate change, an optimal design and enforcement through climate law is necessary. Climate law can be expected to become more important with the implementation of the Paris Agreement, and for that reason climate lawyers should receive a more prominent position in the international policy arena of climate change.

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28

Zahar, Alexander. "The Contested Core of Climate Law." Climate Law 8, no. 3-4 (October 31, 2018): 244–60. http://dx.doi.org/10.1163/18786561-00803009.

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Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).

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29

Lee, Il-Ho. "The Development of and Perspectives on Climate Finance in International Climate Change Law." Korean Journal of International Economic Law 15, no. 3 (November 30, 2017): 213–50. http://dx.doi.org/10.46271/kjiel.2017.11.15.3.213.

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30

Kerr, Simon, and Christine Parker. "Making Climate Real: Climate Consciousness, Culture and Music." King's Law Journal 30, no. 2 (May 4, 2019): 185–93. http://dx.doi.org/10.1080/09615768.2019.1645428.

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31

Goeminne, Gert. "Climate Policy is Dead, Long Live Climate Politics!" Ethics, Place & Environment 13, no. 2 (June 2010): 207–14. http://dx.doi.org/10.1080/13668791003778867.

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32

Schalast, Norbert, and Jacob Michael Laan. "Measuring Social Climate in German Prisons Using the Essen Climate Evaluation Schema." Prison Journal 97, no. 2 (March 2017): 166–80. http://dx.doi.org/10.1177/0032885517692792.

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Sociotherapeutic prison units have been criticized for their close operational connection with traditional prison systems. This research compared the social climate of German therapeutic prison units with that of traditional prison units, using the Essen Climate Evaluation Schema (EssenCES). The EssenCES was administered in conjunction with the shortened Correctional Institutions Environment Scale. Results indicate significant differences between therapeutic and traditional units’ social climates, with the former demonstrating more supportive, safe, and therapeutic climates. Findings further confirm the psychometric properties of the EssenCES and support its use as a social climate measurement instrument.

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33

Young, M. "Climate Change Law and Regime Interaction." Carbon & Climate Law Review 5, no. 2 (2011): 147–57. http://dx.doi.org/10.21552/cclr/2011/2/172.

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34

Purnhagen, Kai. "Climate law: Dutch decision raises bar." Nature 523, no. 7561 (July 2015): 410. http://dx.doi.org/10.1038/523410d.

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35

Burgers, Laura. "Should Judges Make Climate Change Law?" Transnational Environmental Law 9, no. 1 (January 15, 2020): 55–75. http://dx.doi.org/10.1017/s2047102519000360.

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AbstractWhat scholars referred to as a climate change litigation ‘explosion’ in 2015 has today become an established movement which is unlikely to stop in the near future: worldwide, over a thousand lawsuits have been launched regarding responsibility for the dangers of climate change. Since the beginning of this trend in transnational climate litigation scholars have warned that the separation of powers is threatened where judges interfere with the politically hot issue of climate change. This article uses Jürgen Habermas's political theory on deliberative democracy to reconstruct the tension between law and politics generated by these lawsuits. This reconstruction affords a better understanding of the implications of climate change litigation: while the role of the judiciary as such remains unchanged, the trend is likely to influence the democratic legitimacy of judicial lawmaking on climate change, as it indicates an increasing realization that a sound environment is a constitutional value and is therefore a prerequisite for democracy.

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36

Giampetro‐Meyer, Andrea. "Climate Change Disasters and Environmental Law." Journal of Legal Studies Education 36, no. 2 (June 2019): 213–36. http://dx.doi.org/10.1111/jlse.12093.

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37

Holmes, Simon. "Climate change, sustainability, and competition law." Journal of Antitrust Enforcement 8, no. 2 (April 13, 2020): 354–405. http://dx.doi.org/10.1093/jaenfo/jnaa006.

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Abstract Climate Change is an existential threat. Competition law must be part of the solution and not part of the problem. This article draws on the constitutional provisions of the EU treaties and remarks by leaders such as Commissioner Vestager to show how competition law need not stand in the way of urgent action and co-operation by the private sector to fight climate change. It also shows how sustainability is relevant to both the analysis of mergers and dominance cases. It is a call to update our thinking, our guidelines and, if necessary, our law. Based on EU law it contains ideas that could inspire changes in other jurisdictions.

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38

Bansal, Kshitij, and Armin Rosencranz. "Correction to: Energy, climate, and law." Jindal Global Law Review 10, no. 1 (April 2019): 147. http://dx.doi.org/10.1007/s41020-019-00094-1.

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39

Schwarte, Christoph, and Will Frank. "The International Law Association’s Legal Principles on Climate Change and Climate Liability Under Public International Law." Climate Law 4, no. 3-4 (February 23, 2014): 201–16. http://dx.doi.org/10.1163/18786561-00404001.

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In April 2014, the International Law Association (ila) adopted draft articles on the existing legal principles relating to climate change. Developed by leading legal scholars, these draft articles with commentaries formulate potential guidance to states in their joint efforts to tackle climate change and negotiate a new international agreement. The ila finds that the general principles of public international and international environmental law apply to climate change. States are under a ‘due diligence’ obligation to ensure that ghg emissions under their jurisdiction or control do not cause damage in other states or areas beyond national jurisdiction. States that violate the duty of prevention can be held liable. However, there are different obligations and rights for industrialised and developing countries. The ila’s Legal Principles Relating to Climate Change clarify and develop the relevant criteria. Overall, they mark a paradigm shift in favour of ‘victim states’ that are particularly exposed to the negative effects of climate change. As a result, the traditional beneficiaries of international charity have become creditors with legal rights.

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40

Tvarnø, Christina. "The New Era of Climate Law in Denmark and in the EU." European Public Law 28, Issue 1 (February 1, 2022): 101–22. http://dx.doi.org/10.54648/euro2022006.

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In June 2020, the Danish Parliament adopted a new Climate Act that included legally binding measures. Two months earlier, in March 2020, the European Commission presented a proposal for a European Climate Law Regulation based upon the content of the Paris Agreement. Subsequently, the EU adopted the EU Climate Law Regulation in April 2021. This article presents a comparative legal analysis of the Danish 2020 Climate Act and the 2021 European Climate Law Regulation and investigates these new types of climate acts that have risen as results of the Paris Agreement and international climate law in general. Moreover, the article presents and discusses some examples of the implementation results in Denmark and the latest EU climate strategies. It is concluded that both the Danish and the EU Climate Acts can be considered umbrella legislation presenting the binding climate objectives and legal bases for future climate law however without presenting substantive legal provisions that implement the climate objectives. climate law, public law, Danish law, EU law, comparative law, international climate law

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41

Farber, Daniel A. "The Intersection of International Disaster Law and Climate Change Law." Yearbook of International Disaster Law Online 2, no. 1 (February 19, 2021): 87–115. http://dx.doi.org/10.1163/26662531_00201_005.

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42

Lindsay, Bruce. "Climate of Exception: What Might a ‘Climate Emergency’ Mean in Law?" Federal Law Review 38, no. 2 (June 2010): 255–81. http://dx.doi.org/10.22145/flr.38.2.4.

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43

Lindsay, Bruce. "Climate of Exception: What Might a ‘Climate Emergency’ Mean in Law?" Federal Law Review 38, no. 2 (June 2010): 255–81. http://dx.doi.org/10.1177/0067205x1003800204.

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44

Przyborowicz, Jakub Stefan. "European Climate Law - New legal revolution towards climate neutrality in the EU." Opolskie Studia Administracyjno-Prawne 19, no. 4 (January 14, 2022): 39–53. http://dx.doi.org/10.25167/osap.4510.

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European Climate Law (EU Climate Law) shall become a critical element of future EU regulations and law-making process based on the Green Deal (EU climate and energy strategy) which is the result of the COP21 and Paris Agreement undersigned during the conference of United Nations by its worldwide members. With the actual climate challenges, the EU wishes to keep the leader's role and trend in terms of radical decrease of GHG emissions. Especially for that reason, a new regulatory framework was prepared with a comprehensive overawe of various EU policies. As a result of those expectations, the European Commission has prepared EU Climate Law endorsed by a strong political signal from the European Parliament and Council with its declaratory conclusions. This new legal act with its formula refers to many legal acts and EU policies such as “Fit for 55%” package , and many other energy-and climate related laws. It developed into an essential signal towards the EU Member States to keep comprehensive policies and plans towards climate neutrality. It should be underlined that this act will be a new opener towards upcoming legislative packages and potential financial instruments to come. Occasionally, EU policymakers use a controversial nomenclature defining Regulation as a “Climate Treaty” to emphasize the act’s significance and special regulatory status. The aim of the article is to present and clarify the background of the law-making process of the EU Climate Law and undercover the ongoing wave of the EU policies transformation towards net zero economy as well as to underline its importance for the future generations.

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45

Hardiman, Alison. "Climate, Energy – and Environment? Reconciliation of EU Environmental Law with the Implementation Realities of EU Climate Law." Climate Law 12, no. 3-4 (October 26, 2022): 242–72. http://dx.doi.org/10.1163/18786561-12030003.

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Abstract Recognizing that significantly increased renewable-energy share (res) is a central component of both EU climate and environmental law, the focus of this paper is the point of intersection between these legal frameworks. Renewable-energy infrastructure projects are necessary for climate-mitigation purposes, but they give rise to significant local environmental impacts that have a negative effect on local communities and environmental conditions. The objective of environmental protection, ‘to preserve, protect and improve the quality of the environment’, does not fully align with the objectives of climate mitigation, which are designed to safeguard the needs of future generations and the long-term environment. While EU environmental policy encompasses ‘measures designed to combat climate change’, little attention has been afforded in relevant Directives to the impact of climate-mitigation measures on the environment. There is no provision for proportionate treatment of the impacts of these measures in environmental governance procedures. Analysis of the provisions of the eia and Habitats Directives, which directly impact the authorization of renewable-energy projects, reveals that climate as a component of EU environmental policy is dealt with via the limitation and control of greenhouse gas emissions, an incomplete approach that fails to provide for the development of new large-scale infrastructure that can mitigate the generation of greenhouse gas emissions through provision of sustainable energy sources. The European Union’s revised Trans European Network – Energy (ten-E) Regulation (June 2022) provides that energy infrastructure in the form of projects of common interest shall be deemed to be in the overriding public interest in the context of the Habitats Directive, an exception to that Directive’s prohibition on development that could negatively impact protected Natura 2000 features. A proposal pursuant to the EU Commission’s plan ‘REPowerEU’ recommends an amendment to the Renewable Energy Directive to introduce a similar overriding provision in respect of all renewable-energy infrastructure projects. These sidestepping provisions in climate-energy laws, made necessary by the failure of EU environmental law to incorporate effective provisions that promote climate change measures, are an incomplete solution that will limit the regulation of an environmentally responsible approach to increased res and are likely to be challenged.

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46

Huggins, Anna. "The Evolution of Differential Treatment in International Climate Law: Innovation, Experimentation, and ‘Hot’ Law." Climate Law 8, no. 3-4 (October 31, 2018): 195–206. http://dx.doi.org/10.1163/18786561-00803006.

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The UN climate regime is a domain of international environmental law (IEL) that has developed in distinctive ways. Applying insights from the work of Michel Callon, climate change is a ‘hot’ situation characterized by ongoing controversy, making it difficult to develop stable and sustainable legal frameworks to manage this state of flux. Building on Elizabeth Fisher’s work positing that environmental law has qualities of ‘hot’ law, this article argues that, in the context of the UN climate regime, the ‘hot’ nature of climate law is compounded by the geopolitical tensions among states in IEL, particularly the deep fault lines between developed and developing states. The novel legal and regulatory solutions that have been experimented with to address issues of differential treatment reflect attempts to manage and contain these ongoing controversies. The UN climate regime yields insights into the promises and pitfalls of designing international legal frameworks to respond to highly contested and divisive issues in a context in which states create, implement, and enforce legal rules.

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47

Carlarne, Cinnamon. "Delinking International Environmental Law & Climate Change." Michigan Journal of Environmental & Administrative Law, no. 4.1 (2014): 1. http://dx.doi.org/10.36640/mjeal.4.1.delinking.

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This Article challenges the existing paradigm in international law that frames global efforts to address climate change as a problem of and for international environmental law. The most recent climate reports tell us that warming is unequivocal and that we are already experiencing the impacts of climate change at the domestic level in the United States. Against this backdrop, much has been written recently in the United States about domestic efforts to address climate change. These efforts are important, but they leave open the question of how the global community can work together to address the greatest collective action problem of our time. Focusing on international efforts to address climate change, this Article pushes back against the dominant framing of global climate change as a problem of and for international environmental law. It argues that the static nature of the existing global paradigm brings about two primary harms. First, the failure to address climate change overshadows the larger field of international environmental law in a way that inhibits efforts to address a suite of persistent environmental problems beyond climate change. Second, framing climate change as a traditional environmental law problem constrains efforts to think more creatively about how to address a problem that defies classification as an environmental issue and demands innovative governance approaches. In making the legal case for delinking the debates about international environmental law and global climate change, this Article argues that challenging the existing global paradigm is critical to thinking more constructively about collective action in the climate context.

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48

Carlarne, Cinnamon P., and Mohamed S. Helal. "A Conversation about Climate Change Law and the ‘International Community’." Climate Law 8, no. 3-4 (October 31, 2018): 229–43. http://dx.doi.org/10.1163/18786561-00803008.

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As international climate change law approaches its third decade of existence, the field continues to evolve and prove resilient in the face of daunting political, technical, and economic challenges. Moving forward with efforts to structure effective responses to climate change requires scholars and policymakers to engage with the reality that international cooperation on climate change continues to lag. Early efforts to address climate change presumed the existence of an international community that would facilitate the level of cooperation needed to structure effective solutions to a massive and complex collective-action problem. This vision of the international community, however, is an illusion the reliance on which may hamper efforts to think critically about how to address the causes and consequences of climate change. Here, we deconstruct the idea of a cooperative, international community as an operative basis for international climate change law, with the hope of facilitating increasingly open conversation around effective and sustainable modes of cooperation in the future.

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Mitchell, Ronald B. "Climate Law: Accomplishments and Areas for Growth." Climate Law 8, no. 3-4 (October 31, 2018): 135–50. http://dx.doi.org/10.1163/18786561-00803001.

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Climate law has become a vibrant legal field, offering scholars and practitioners increasingly deep analyses of what climate law is, how it is changing, what is driving those changes, and what those changes mean at the international, national, and local level. The field has elaborated and debated numerous climate-specific issues, including geoengineering, adaptation, and loss and damage. Scholars also have analysed the application of broad legal principles to the climate realm and have examined the intersection of climate law with other disciplines, especially economics and political science. I review these important accomplishments and then argue that the field could build on them in two ways. First, many opportunities exist to incorporate insights from economics, political science, and other disciplines, increasing the range of perspectives reflected in our understanding of how climate law works and how it might be improved. Second, opportunities exist for climate law to learn more from experience with other realms of environmental and non-environmental law as well as with other forms of governance. Pursuing both types of opportunities can foster the field’s continuing development.

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Chaturvedi, Eeshan. "Climate Change Litigation: Indian Perspective." German Law Journal 22, no. 8 (December 2021): 1459–70. http://dx.doi.org/10.1017/glj.2021.85.

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AbstractThis article covers the recent trends in climate change litigation in India, capturing the peculiarities of the Indian judicial system that lend it the will, ability, and credibility to accommodate emerging principles of climate change laws within the law of the land. While tracing the historical underpinnings of judicial activism, environmental considerations, and strength of democratic institutions, this Article discusses some of the current developments in climate change case law in the country. Finally, in showcasing an increasing and immersive trend towards the inculcation of international principles of environmental law, this article establishes the dichotomy between an active judicial system applying international environmental principles at the domestic level and the roadblocks in terms of climate litigation in the recent times.

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