Статті в журналах: "International Climate Change Law"

1

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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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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3

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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4

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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5

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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6

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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7

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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8

Weiss, Edith Brown. "Climate Change, Intergenerational Equity, and International Law." Vermont Journal of Environmental Law 9, no. 3 (2008): 615. http://dx.doi.org/10.2307/vermjenvilaw.9.3.615.

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9

Mead, Sarah, and Margaretha Wewerinke-Singh. "Recent Developments in International Climate Change Law." International Community Law Review 23, no. 2-3 (June 29, 2021): 294–309. http://dx.doi.org/10.1163/18719732-12341479.

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Abstract This article discusses recent developments in international climate change law, in respect of which Pacific island countries and territories (PICs) have made a particularly significant contribution. PICs have been instrumental in shaping the international climate change treaty regime since its inception in the early 1990s. Since the adoption of the Paris Agreement in 2015, however, progress has stalled – and even more so since the global pandemic. With a focus on the Suva Declaration on Climate Change released prior to negotiations in Paris, this article assesses progress in two areas that have received considerable attention from PIC representatives due to their importance to the region: the long-term temperature goal and the Talanoa Dialogue; and the issue of loss and damage. While PICs have managed to make gains in both areas, climate change science indicates that current global efforts are insufficient to avoid catastrophic climate change impacts for the Pacific region. In light of this, certain PIC leaders are looking outside of the international treaty system for other ways to protect their communities and ecosystems.

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10

Stephan, Raya Marina. "Climate change considerations under international groundwater law." Water International 42, no. 6 (August 2017): 757–72. http://dx.doi.org/10.1080/02508060.2017.1351911.

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11

HA, L. "Climate Change, Forced Migration, and International Law." Chinese Journal of International Law 12, no. 1 (March 1, 2013): 179–83. http://dx.doi.org/10.1093/chinesejil/jmt005.

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12

Mason-Case, Sarah. "Professional Practice in International Climate Change Law." Proceedings of the ASIL Annual Meeting 112 (2018): 157–60. http://dx.doi.org/10.1017/amp.2019.11.

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Over the last few years, two international organizations launched global networks to connect legal professionals specializing in law as it pertains to climate change. The first textbook on international climate change law was published during this time and a second is was released in 2018. Such developments no doubt reflect the growing prominence of the subject in public discourse and regulatory efforts. More subtly, they point to an emergent community of lawyers working with and generating international climate law as a matter of professional practice.

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13

Brett-Crowther, Michael. "Climate Change, Forced Migration, and International Law." International Journal of Environmental Studies 69, no. 4 (August 2012): 694–96. http://dx.doi.org/10.1080/00207233.2012.696792.

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14

Polizzi, Norma A. "Can International Law Adapt to Climate Change?" Environmental Claims Journal 32, no. 3 (January 29, 2020): 233–47. http://dx.doi.org/10.1080/10406026.2020.1718849.

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15

Durieux, J. F. "Climate Change, Forced Migration, and International Law." International Journal of Refugee Law 25, no. 1 (March 1, 2013): 187–90. http://dx.doi.org/10.1093/ijrl/eet008.

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16

Kolmannskog, Vikram. "CLIMATE CHANGE, ENVIRONMENTAL DISPLACEMENT AND INTERNATIONAL LAW." Journal of International Development 24, no. 8 (October 22, 2012): 1071–81. http://dx.doi.org/10.1002/jid.2888.

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17

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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18

Nyka, Maciej. "State Responsibility for Climate Change Damages." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 131–52. http://dx.doi.org/10.31743/recl.12246.

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The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of climate change.

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19

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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20

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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21

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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22

Hodgson-Johnston, Indi. "International law in the era of climate change." Polar Journal 3, no. 1 (June 2013): 264–65. http://dx.doi.org/10.1080/2154896x.2013.790196.

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23

von Stein, Jana. "The International Law and Politics of Climate Change." Journal of Conflict Resolution 52, no. 2 (April 2008): 243–68. http://dx.doi.org/10.1177/0022002707313692.

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24

Voigt, Christina. "State Responsibility for Climate Change Damages." Nordic Journal of International Law 77, no. 1-2 (2008): 1–22. http://dx.doi.org/10.1163/090273508x290672.

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AbstractThe Intergovernmental Panel on Climate Change (IPCC) outlined in its Fourth Assessment Report (2007) various consequences of continuing greenhouse gas emissions into the atmosphere. The effects include the loss of land and property, health and ecological damages, threats to human security and potential human casualties. The question which this article seeks to address is whether and how international law is equipped to deal with complex global challenges such as climate change. Special focus is given to the law on state responsibility and its capacity to deal with damages that are caused by a changing climate. In this context, the following legal issues will be examined: Can states be held responsible under international law for current or future climate change damages? Is there an obligation under public international law to prevent and to compensate for such damages? Especially the determination of a primary obligation to prevent harm, acting with due diligence, the question of causality and the determination of legal consequences are considered. As the examples given by the IPCC show, there will be an increasing need to address the issue of compensation for climate damages. Justice, fairness and international, national and human security require international law to adjust and live up to these challenges.

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25

Skovgaard, Jakob. "Learning about Climate Change: Finance Ministries in International Climate Change Politics." Global Environmental Politics 12, no. 4 (November 2012): 1–8. http://dx.doi.org/10.1162/glep_a_00136.

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In the course of the last four years, finance ministries have increasingly become involved in the international climate change negotiations. Their involvement has to a large degree been an outcome of the framing of climate change as a market failure. This framing calls for an active climate change policy and is at odds with the framing of climate change policy that was previously predominant in finance ministries: that it constitutes expenditure to be avoided. The persistence of both framings has led to clashes within and between finance ministries with respect to climate change. The article calls for further research focusing on the role of the two frames and of finance ministries as actors in climate change politics.

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26

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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27

Mayer, Benoit. "Construing International Climate Change Law as a Compliance Regime." Transnational Environmental Law 7, no. 1 (July 3, 2017): 115–37. http://dx.doi.org/10.1017/s2047102517000127.

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AbstractUnder the no-harm principle, states must prevent activities within their jurisdiction from causing extraterritorial environmental harm. It has been argued elsewhere that excessive greenhouse gas emissions (GHG) from industrial states constitute a breach of this principle and instigate state responsibility. Yet, the relevance of general international law for climate change does not obviate a need for more specific international climate change agreements. This article argues that the climate regime is broadly compatible with general norms. It can, furthermore, address a gap in compliance with general international law – namely, the systematic failure of industrial states to cease excessive GHG emissions and to provide adequate reparations. As a compliance regime, the international climate change law regime defines global ambition and national commitments and initiates multiple processes to raise awareness, set political agendas, and progressively build momentum for states to comply with their obligations under general international law.

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28

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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29

Davanlou, Mona, Seyed Abbas Poorhashemi, Ali Zare, and Mohsen Abdollahi. "Analysis of the International Responsibility System of Climate Change." Current World Environment 13, no. 2 (August 25, 2018): 194–205. http://dx.doi.org/10.12944/cwe.13.2.04.

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International state responsibility is one of the most attractive and most important and, at the same time, the most complex area of international law, and its precise explanation, as well as its commitment, plays a great role in the development of international law enforcement. Today, climate change is one of the common and significant concerns of the international community. Despite the sensitivity and importance of the issue, there has been no significant correlation to solve this problem. With regard to the international law approach, this study seeks to use the subject of international responsibility as an effective mechanism for combating climate change. Moreover, it tries to address Kyoto Protocol and the Paris Consensus in addition to brief look at the past, focusing on recent developments on climate change, and relying on the United Nations Framework Convention on Climate Change in order to summarize the latest achievements of international law in this field. Besides, it also discusses the effective liability of the states that can prevent and compensate for these changes.

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30

Armeni, Chiara. "GLOBAL EXPERIMENTALIST GOVERNANCE, INTERNATIONAL LAW AND CLIMATE CHANGE TECHNOLOGIES." International and Comparative Law Quarterly 64, no. 4 (September 3, 2015): 875–904. http://dx.doi.org/10.1017/s0020589315000408.

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AbstractGlobal experimentalist governance has emerged within and across a number of international regulatory regimes, but its potential contribution to the global governance of climate change remains largely unexplored. This article investigates the opportunities and barriers to developing global experimentalist governance approaches in the international regulation of climate change technologies, focusing on the recent framework for marine geoengineering under the London Dumping Protocol. It argues that, in the face of the limits of international law in dealing with uncertainty, multilevel distribution of power and regulatory disconnection, global experimentalist governance is attractive to catalyse adaptability, iterative learning, participation and cooperation. Such approach can help rethink the way international law deals with technological development, by emphasizing its problem-solving function.

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31

Esty, Daniel C., and Dena P. Adler. "Changing International Law for a Changing Climate." AJIL Unbound 112 (2018): 279–84. http://dx.doi.org/10.1017/aju.2018.76.

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After more than two decades of inadequate international efforts to address climate change resulting from rising greenhouse gas emissions, the 2015 Paris Climate Change Agreement shifted gears. That agreement advances a “bottom-up” model of global cooperation that requires action commitments from all national governments and acknowledges the important role that cities, states, provinces, and businesses must play in delivering deep decarbonization. Given the limited control that presidents and prime ministers have over many of the policies and choices that determine their countries’ carbon footprints, the Paris Agreement missed an opportunity to formally recognize the climate change action commitments of mayors, governors, and premiers. These subnational officials often have authorities complementary to national governments, particularly in federal systems (including the United States, China, Canada, and Australia). They therefore possess significant independent capacities to reduce greenhouse gas emissions through their economic development strategies, building codes, zoning rules and practices, public transportation investments, and other policies. Likewise, the world community missed an opportunity to formally recognize the commitments of companies to successful implementation of the Paris Agreement and thereby to highlight the wide range of decisions that business leaders make that significantly affect greenhouse gas emissions.

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32

Llain Arenilla, Shirley, and Cindy Hawkins Rada. "Climate Change and Forced Migration." Migraciones internacionales 11 (January 1, 2020): 1–20. http://dx.doi.org/10.33679/rmi.v1i1.1846.

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The population of environmentally displaced people has increased recently, thus this article aims to address the challenges climate change may impose on Nation-States concerning human rights in relation to forced migration. The relationship between climate change and forced migration will be studied in order to present the problems arising from the allocation of international responsibility among States and the international protection (or the lack thereof) of “Climate Refugees” and stateless persons caused by the disappearance of Nation- States under climate change; solutions will be proposed under the existing International Human Rights Law.

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33

VAN ASSELT, HARRO, FRANCESCO SINDICO, and MICHAEL A. MEHLING. "Global Climate Change and the Fragmentation of International Law." Law & Policy 30, no. 4 (October 2008): 423–49. http://dx.doi.org/10.1111/j.1467-9930.2008.00286.x.

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34

Feijen, Liv. "Jane McAdam - Climate Change, Forced Migration, and International Law." Utrecht Journal of International and European Law 28, no. 75 (June 29, 2012): 61. http://dx.doi.org/10.5334/ujiel.bh.

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35

Mayer, B. "Climate Change and International Law in the Grim Days." European Journal of International Law 24, no. 3 (August 1, 2013): 947–70. http://dx.doi.org/10.1093/ejil/cht054.

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36

Westra, L. "Water Issues, Climate Change and Globalization in International Law." Global Bioethics 24, no. 1-4 (January 2011): 9–19. http://dx.doi.org/10.1080/11287462.2011.10800690.

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37

Putra, Andika. "The Role of International Human Rights Law in Fights Against Climate Change." Jurnal Media Hukum 28, no. 2 (December 31, 2021): 153–64. http://dx.doi.org/10.18196/jmh.v28i2.10988.

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This paper aims to examine the current international legal framework that addresses climate change and identify the role of international human rights law in climate change issues. This paper began by identifying the international legal basis, the development of international legal regimes, and looking at the character and nature of these frameworks. Furthermore, this study seeks to identify the role of international human rights law to close the gap left by the climate change framework. This normative legal research examined secondary data from relevant books, journals, and published documents. There were several findings from this research. First, the current international climate change framework is insufficient to address climate change problems and their adverse impact. Second, international human rights law may play a significant role in closing the current climate change framework gap. International human rights law will add distinctive value to the current system, perform the complementary function to the non-legally binding commitment, and provide an 'arena' for such non-compliance behavior of states parties.

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38

Bator, Agata, and Agnieszka Borek. "Adaptation to Climate Change under Climate Change Treaties." International Community Law Review 23, no. 2-3 (June 29, 2021): 158–67. http://dx.doi.org/10.1163/18719732-12341467.

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Abstract On the ground that climate change poses a great threat to societies and economies, it became evident for policy makers that attention should be given to the problem of adaptation, i.e. adaptation measures should be undertaken to minimize the adverse impacts of climate change. As the debate on the adverse impacts of climate change advanced at international level, states are taking actions at national, regional and local levels. Along with the increase awareness regarding importance of adaptation, regulations designed to prepare states to strengthen their resilience to climate change, has been developed in climate change treaties. Paris Agreement seems to be the first global agreement which addresses adaptation as one of its key goals and links it with mitigation efforts. The purpose of this article is to discuss the most important regulations and programmes within the regime established by the Framework Convention and the Paris Agreement concerning adaptation to climate change.

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39

Sindico, Francesco. "Paris, Climate Change, and Sustainable Development." Climate Law 6, no. 1-2 (May 6, 2016): 130–41. http://dx.doi.org/10.1163/18786561-00601009.

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The Paris Agreement marks a significant moment in international climate law and policy. It represents a confirmation that the international community will continue to approach climate change multilaterally. However, climate change is not the only topic on countries’ agendas. The year 2015 will also be remembered for the adoption of the so-called Sustainable Development Goals (sdgs). This paper critically assesses the extent to which the Paris Outcome incorporates the sdgs or sustainable development concerns. It concludes that a close scrutiny of the Paris cop Decision and Agreement reveals both direct and indirect references to the sdgs and sustainable development (with the former being fewer in number than the latter). The close relationship between international climate law and the sdgs highlights the need to integrate the sdgs into the implementation of the Paris Agreement.

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40

Peel, Jacqueline, Lee Godden, and Rodney J. Keenan. "Climate Change Law in an Era of Multi-Level Governance." Transnational Environmental Law 1, no. 2 (May 16, 2012): 245–80. http://dx.doi.org/10.1017/s2047102512000052.

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AbstractAs international negotiations struggle to deliver timely, binding commitments to reduce greenhouse gas emissions to safe levels, the environmental legal community has begun to contemplate the scope for climate governance ‘beyond’ the international climate change regime. Many see merit in a more decentralized, disaggregated approach, operating across multiple governance levels. This article examines the development of climate change law in an era of multi-level governance. It analyzes several case studies of current manifestations of multi-level governance in climate change law, including the fragmented global emissions trading system, developing arrangements governing forests and land-based sinks, the growth of climate litigation establishing transnational liability principles, efforts to ensure adaptation to unavoidable climate change, and the emergence in federal systems of a decentralized approach to climate change regulation. The article concludes by considering whether the emerging multi-level system of climate governance is adequate to meet broader international goals of climate change mitigation and adaptation.

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Koskina, Anthi, Paolo Davide Farah, and Imad Antoine Ibrahim. "Trade in clean energy technologies: sliding from protection to protectionism through obligations for technology transfer in climate change law, or Vice Versa?†." Journal of World Energy Law & Business 13, no. 2 (April 1, 2020): 114–28. http://dx.doi.org/10.1093/jwelb/jwaa013.

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Abstract Global regulations involving clean energy technologies have evolved in recent decades. Such evolution came as a result of technological disparities between the North and the South. Such regulatory changes came because of the failure of developed nations to assist developing countries in obtaining said technologies. Since the beginning, international climate change law has attempted to alleviate the discrepancies in technology transfer regulations so as to introduce some form of unity, especially through various legislations, such as a global regulatory framework. In response, this article seeks to answer the following question: did international climate change law provide the necessary regulations to ensure technological accessibility to developing nations? This article will examine the accessibility of clean energy technology in relation to international climate law, especially highlighting the phases characterized by either technological protection or international collaboration. These changes reflect a continuous cycle where both circumstances and events affect international climate change law and the relations with technology state of affairs.

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Albers, Julie H. "Human Rights and Climate Change." Security and Human Rights 28, no. 1-4 (April 1, 2018): 113–44. http://dx.doi.org/10.1163/18750230-02801009.

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This article explores the opportunities to use international human rights law to protect one’s right to life against the effects of climate change. It discusses four legal avenues: greening the existing human rights paradigm, formulating a new substantive right to the environment, public interest litigation and intergenerational justice. This is illustrated with case law from the European Court of Human Rights and various national jurisdictions. The main finding is that the human rights system should become more open towards public interest litigation and intergenerational justice, complemented by a broadening of the standing requirements.

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Rosemberg, Anabella, Daniel Magraw, Leila Chennoufi, Krycia Cowling, Charles Di Leva, Jonathan Drimmer, Chiara Giorgetti, et al. "Model Green Investment Treaty: International Investment and Climate Change." Journal of International Arbitration 36, Issue 1 (February 1, 2019): 95–134. http://dx.doi.org/10.54648/joia2019005.

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Mitigating and adapting to the extraordinary threats posed by climate change will require dynamic responses across all elements of human society. Governments face urgent, unprecedented challenges in this regard, including with respect to regulating foreign investment. The international investment regime was not designed to take account of this reality, however, either substantively or with respect to the settlement of disputes. This article proposes a new approach to foreign investment regulation designed to rectify this systemic failure, in the form of an innovative bilateral investment treaty drafted by a multidisciplinary team of internationally renowned experts. The approach proposes a balanced, reciprocal set of obligations for both investors and host states consistent with the Paris Agreement. To incentivize transformation, moreover, the article argues for investment treaties that demand good governance by investors, establish sufficient policy space for host states (via a sectoral approach that specifically addresses areas such as climate change, water, agriculture, human rights, indigenous peoples and public health), and adopt a flexible, fair, accountable and transparent approach to dispute settlement, including enhanced standards for arbitrators and a Code of Ethics—among other innovations.

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Leal-Arcas, Rafael, and Andrew Filis. "International Cooperation on Climate Change Mitigation: The Role of Climate Clubs." European Energy and Environmental Law Review 30, Issue 5 (October 1, 2021): 195–218. http://dx.doi.org/10.54648/eelr2021020.

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We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climatechange mitigation. One way of doing so successfully is by putting together the climate regime with the international trading system via the creation of climate clubs, namely the coalition of the willing. This article aims to explain that, by building climate clubs and making use of the international trading system, we can reach a better future for all. Through the lens of international trade, this article explores how smaller coalitions (so-called climate clubs) – unilateral, bilateral, plurilateral, rather than multilateral regimes – of states/non-state actors can catalyze or influence action on climate change. The premise of this article is that global action on climate change has not been effectively implemented, as it relies on consensus from too many actors. Thus, it proposes how international trade mechanisms may be re-oriented to address climate change. The article challenges the assumptions about the existing multilateralagreement regime, and argues that reducing dependence on these multilateral mechanisms may influence greater attainment of sustainability goals (more flexible, not reliant on difficult-to-gain consensus among many actors). The article, therefore, examines the future of international regimes and how they may contribute to climate-change mitigation. Its forwardlooking orientation – how international trade can leverage climate-change mitigation – is an important and novel contribution in examining how environmental concerns can be included into international regimes. What changes will look like and how change is attained (through policy, regulations, law, agreements, incentives) may contribute to developing global- level institutional solutions for how climate-change mitigation is framed in international regimes and discourses. The article also addresses emerging academic research into climate clubs in international climatechange mitigation institutions/regimes. The article contributes to growing discourses in global climate governance for how these arrangements and agreements should look/be designed to create real action on climate-change mitigation. Therefore, it expands on existing scholarship through taking a specific lens (international trade) and how it may contribute to mitigating climate change through coalitions (climate clubs) beyond how the existing international regime is configured. climate clubs, minilateralism, legitimacy, multilateralism, accountability, international trade

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Onzivu, William. "Mind that Gap: International Climate Law, Health Protection and the United Kingdom's Climate Legislation." European Energy and Environmental Law Review 21, Issue 2 (April 1, 2012): 79–91. http://dx.doi.org/10.54648/eelr2012005.

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This article argues that the protection of human health, a key objective of the UN Framework Convention on Climate Change and Kyoto Protocol law, is not optimized in UK climate change regulation and governance. This lack of robustness in UK domestic climate law on health is mirrored by the marginalization of health in the implementation and progressive development of global climate law. The article also argues that, UK public health law is ill equipped to tackle the health threats of climate change. It proposes a holistic reform of both domestic climate change and public health legislation within a framework of adaptive governance and sectoral integration. This provides opportunities to advance both public and climate health within the domestic climate change legal regime.

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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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Voigt, Christina. "Oceans, IUU Fishing, and Climate Change: Implications for International Law." International Community Law Review 22, no. 3-4 (August 20, 2020): 377–88. http://dx.doi.org/10.1163/18719732-12341436.

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Abstract Illegal, unregulated and unreported (IUU) fishing poses a significant threat to marine fisheries and biodiversity only outpaced by the projected impacts of climate change and greenhouse gas emissions. Ocean warming might affect fish stocks, their health and migratory routes. Ocean acidification and de-oxygenation are another two phenomena that might affect certain marine species as well as entire marine ecosystems. Rebuilding of overexploited and depleted fisheries and managing fisheries sustainably will require comprehensive governance structures for port, flag, coastal and market states, which also address the causes and impacts of climate change. Addressing those concerns could open for opportunities for comprehensive and synergetic regulation. This article addresses potential synergies between oceans and climate governance; focusing on the role of oceans in addressing climate change and its adverse impacts. Suggestions to this end include (i) increasing ocean-based renewable energy, (ii) decarbonizing ocean-based transport, and (iii) pursuing integrated management of fisheries and aquaculture.

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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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Handayani, Irawati, and Anisa Fauziah. "ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?" Yustisia Jurnal Hukum 9, no. 2 (October 4, 2020): 168. http://dx.doi.org/10.20961/yustisia.v9i2.43507.

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<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

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Medvedieva, M. "INTERNATIONAL CLIMATE CHANGE REGIME AND NATIONAL LAW: CASE-STUDY ON UKRAINE." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS, no. 132 (2017): 78–84. http://dx.doi.org/10.17721/apmv.2017.132.0.78-84.

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The article considers the inter linkages and overlaps in climate change regime at the national level. The purpose of this research is to prove that fragmentation in climate change regime at the international level can lead to fragmentation and non-compliance at the domestic level. The author stipulates that the fact that climate change is governed by multiple international regimes affects national laws and policies. The author examines different pieces of Ukrainian legislation relating to combating climate change and draws to the conclusion that Ukrainian law on climate change mitigation and adaptation is sporadic and not coherent, it lacks integrated and systematic governance. All sectoral legal acts on energy, energy efficiency, renewable energy sources, agriculture, protection of the atmosphere, etc. require deep reconsideration in light of Ukrainian international obligations on the climate change mitigation and adaptation. New legislation on monitoring, reporting, and verification of the GHGs emissions in various sectors should be adopted.

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