Author: Daniel Bodansky
Publisher: Oxford University Press
ISBN: 0199664293
Category : Law
Languages : en
Pages : 417
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Book Description
This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement - establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
Author: Coplan, Karl S.
Publisher: Edward Elgar Publishing
ISBN: 183910130X
Category : Law
Languages : en
Pages : 227
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Book Description
This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.
Author: Thoko Kaime
Publisher: Routledge
ISBN: 113602056X
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.
Author: Cinnamon Piñon Carlarne
Publisher:
ISBN: 0199553416
Category : Law
Languages : en
Pages : 406
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Book Description
Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.
Author: Cinnamon Piñon Carlarne
Publisher: Oxford University Press
ISBN: 019968460X
Category : Law
Languages : en
Pages : 849
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Book Description
As the threats posed by changing weather patterns are becoming more apparent, climate change law has emerged as an important area of law in its own right. This Handbook provides a comprehensive understanding of this growing subject, setting out the key institutions and processes, and featuring interdisciplinary insights from leading experts.
Author: Alexander Zahar
Publisher: Routledge
ISBN: 1134617003
Category : Business & Economics
Languages : en
Pages : 253
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Book Description
A solution to the problem of climate change requires close international cooperation and difficult reforms involving all states. Law has a clear role to play in that solution. What is not so clear is the role that law has played to date as a constraining factor on state conduct. International Climate Change Law and State Compliance is an unprecedented treatment of the nature of climate change law and the compliance of states with that law. The book argues that the international climate change regime, in the twenty or so years it has been in existence, has developed certain normative rules of law, binding on states. State conduct under these rules is characterized by generally high compliance in areas where equity is not a major concern. There is, by contrast, low compliance in matters requiring a burden-sharing agreement among states to reduce global greenhouse gas emissions to a ‘safe’ level. The book argues that the substantive climate law presently in place must be further developed, through normative rules that bind states individually to top-down mitigation commitments. While a solution to the problem of climate change must take this form, the law’s development in this direction is likely to be hesitant and slow. The book is aimed at scholars and graduate students in environmental law, international law, and international relations.
Author: Michael Gerrard
Publisher: American Bar Association
ISBN: 9781590318164
Category : Law
Languages : en
Pages : 796
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Book Description
This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.
Author: Benoit Mayer
Publisher: Cambridge University Press
ISBN: 1108419879
Category : Law
Languages : en
Pages : 335
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Book Description
A synthesis of the relevant agreements, customary norms and ongoing discussions on the international law on climate change.
Author: R. Schwarze
Publisher: Springer Science & Business Media
ISBN: 9401720479
Category : Business & Economics
Languages : en
Pages : 153
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Book Description
International climate change policy can be broadly divided into two periods: A first period, where a broad consensus was reached to tackle the risk of global warming in a coordinated global effort, and a second period, where this consensus was finally framed into a concrete policy. The first period started at the "Earth Summit" of Rio de Janeiro in 1992, where the United Nations Framework Convention on Climate Change (UNFCCC) was opened for signature. The UNFCCC was subsequently signed and ratified by 174 countries, making it one of the most accepted international rd treaties ever. The second period was initiated at the 3 Conference of the Parties (COP3) to the UNFCCC in Kyoto in 1997, which produced the Kyoto Protocol (KP). Till now, eighty-four countries have signed the Kyoto Protocol, but only twelve ratified it. A major reason for this slow ratification is that most operational details of the Kyoto Protocol were not decided in Kyoto but deferred to following conferences. This deferral of the details, while probably appropriate to initially reach an agreement, is a major stepping stone for a speedy ratification of the protocol. National policy makers and their constituencies, who would ultimately bear the cost of Kyoto, are generally not prepared to ratify a treaty that could mean anything, from an unsustainable strict regime of international control of greenhouse gases (GHGs) to an "L-regime" ofloopholes, or from a pure market-based international carbon trading to a regime of huge international carbon tax funds.
Author: Rosemary Gail Rayfuse
Publisher: Edward Elgar Publishing
ISBN: 1781006083
Category : Law
Languages : en
Pages : 401
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Book Description
'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.
