Climate Change Damage And International Law

Climate Change Damage And International Law Author Roda Verheyen
ISBN-10 9789004146501
Release 2005-01-01
Pages 406
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This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.

The Precautionary Principle International Law and Climate Change

The Precautionary Principle   International Law and Climate Change Author Rabbi Deloso
ISBN-10 9783656083900
Release 2013-08
Pages 56
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Master's Thesis from the year 2006 in the subject Environmental Sciences, grade: merit, Lund University (LUMES), language: English, comment: Reviewed by IPCC Chairman, abstract: The precautionary principle is an old concept with a new character. Threats of harm, since the early days of civilization, were confronted by taking some form of precaution. Throughout history, the concept of precaution provided humans with the moral right to avoid potential harm or damage to his health and his environment despite lack of certainty of its occurrence. Today, the precautionary principle is a common legal concept in national and international regulatory policies. In a nutshell, it means that if there is threat or risk of serious or irreversible damage to human health or the environment, precautionary actions must be taken even though there is lack of full certainty surrounding the issue. This paper looks at the concept of precaution in the framework of international law. The precautionary principle is particularly applied in the current global effort to address climate change. Despite many uncertainties about the science and impacts of the global warming phenomenon, leaders of the global community, adopted the precautionary principle, instead of the traditional reactive wait-and-see approach, in the climate regime. Although criticized by many for its shortcomings and its marginal position in the practical sense, this paper looks at the legal validity of the precautionary principle based on its sources, rather than its merits. In other words, this thesis looks at the concept of precaution and examines it in the lens of the contemporary international legal system. The first part of this thesis endeavours to understand better the precautionary principle under international conventional law. Influenced by systems approach, this paper particularly analyzed the principle's relevance with the climate change issue. Guided by the legal positivist approach, the first part argues that

International Law in the Era of Climate Change

International Law in the Era of Climate Change Author Rosemary Gail Rayfuse
ISBN-10 9781781006085
Release 2012-01-01
Pages 378
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'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.

An Ecological Approach to International Law

An Ecological Approach to International Law Author Prue Taylor
ISBN-10 9781134715855
Release 2008-01-28
Pages 464
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An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.

Climate Change Liability

Climate Change Liability Author Michael Faure
ISBN-10 9781849806022
Release 2011-01-01
Pages 304
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This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.

Climate Change Human Displacement International Law and Justice

Climate Change  Human Displacement  International Law and Justice Author Fanny Thornton
ISBN-10 OCLC:953338750
Release 2014
Pages 764
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The thesis investigates how a justice framework is relevant to analysis of the role of international law in relation to climate change-induced human displacement. In particular, through the application of a justice framework, questions of responsibility will be explored. It will be argued that such a lens alters conceptualisations of the role international law may play, or should play, in relation to the phenomenon. Specific justice theories selected are corrective and distributive justice, which will be explored in a substantial theoretical chapter forming the analytical backbone of the thesis. The theories then inform the more contextualised analysis about the role of international law in relation to climate change-induced displacement. Corrective justice permits analysis of whether climate change-induced displacement, or the livelihood impacts that precede it, could be conceived as (wrongful) damage or harm which is compensable under international law, either through fault-based regimes or no-fault regimes (i.e. insurance). Distributive justice permits analysis of whether climate change-induced displacement could potentially be framed as an undeserved and disproportionate burden which stipulates international action to rebalance it, through distributing either costs or burdens. The thesis hopes to contribute to the growing scholarship concerning international law and climate change-induced displacement by investigating the bounds of the law where the phenomenon is viewed as one of responsibility and of justice.

The Oxford Handbook of International Climate Change Law

The Oxford Handbook of International Climate Change Law Author Kevin R. Gray
ISBN-10 9780199684601
Release 2016-04
Pages 820
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Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. The Oxford Handbook of International Climate Change Law provides an unprecedented and authoritative overview of all aspects of international climate change law as it currently stands, with guidance for how it should develop in the future. Over forty leading scholars and practitioners set out a comprehensive understanding of the legal issues that surround this vitally important but still emerging area of international law. This book addresses the major legal dimensions of the problems caused by climate change: not only in the content and nature of the international legal frameworks, which need implementation at the national level, but also the development of carbon trading systems as a means of reducing the costs of meeting emission reduction targets. After an introduction to the field, the Handbook assesses the relevant institutions, the key applicable principles of international law, the international mitigation regime and its consequences, and climate change litigation, before providing perspectives focused upon specific countries or regions. The Handbook will be an invaluable resource for scholars, students, and practitioners of international climate change law. It provides readers with diverse perspectives, bringing together interpretations from different disciplines, countries, and cultures.

Transboundary Damage in International Law

Transboundary Damage in International Law Author Hanqin Xue
ISBN-10 1139438107
Release 2003-03-13
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The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

Climate Finance

Climate Finance Author Richard B. Stewart
ISBN-10 0814741436
Release 2009-11-01
Pages 352
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Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy. Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.

World climate change

World climate change Author Ved P. Nanda
ISBN-10 WISC:89011122876
Release 1983
Pages 264
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World climate change has been writing in one form or another for most of life. You can find so many inspiration from World climate change also informative, and entertaining. Click DOWNLOAD or Read Online button to get full World climate change book for free.

Climate Change International Law and Global Governance

Climate Change  International Law and Global Governance Author Oliver Christian Ruppel
ISBN-10 3832977961
Release 2013
Pages 926
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This two volume study systematically addresses both international climate change law and global climate change governance. It deals with international law and the multiple regulatory regimes which reflect fragmentation in the absence of a universal climate change regime. International climate change law, global climate governance, and diplomacy are interrelated and extremely complex, and each volume explores these areas from a variety of doctrinal, transdisciplinary, and thematic perspectives. *** Volume I [ISBN 978 3 8329 7797 9] assesses the most pressing impacts of climate change on various international law regimes. The main focus lies on: international climate change law as a new international law discipline * climate change and human rights * climate change, international trade, and investment law * the law of the sea and sea level rise * judicial review and international climate change litigation. *** Volume II [ISBN 978 3 8329 7796 2] reflects on the United Nations Framework Convention on Climate Change and the most pressing impacts of climate change on international diplomacy and global governance. This is highlighted from various transdisciplinary and geopolitical perspectives with a special focus on the challenge of strengthening national and international climate change policy, sustainable development, and increasing equity around the world, which goes beyond the capacity of national governments. Various international climate change cooperation and protection efforts are analyzed in the context of global security, climate-induced migration movements, adaptation, and the loss and damage debate.

Atoll Island States and International Law

Atoll Island States and International Law Author Lilian Yamamoto
ISBN-10 9783642381867
Release 2013-10-25
Pages 307
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Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.

Climate Change Liability and Beyond

Climate Change Liability and Beyond Author
ISBN-10 9789863502111
Release 2017-01-18
Pages 384
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Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.

Research Handbook on Climate Change Adaptation Law

Research Handbook on Climate Change Adaptation Law Author Jonathan Verschuuren
ISBN-10 9781781000083
Release 2013-01-01
Pages 456
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ÔThe present book is a much needed publication on climate change adaptation law. It is a collaborative effort of distinguished experts from around the world and adopts a holistic approach to adaptation, taking a global view, with a focus on the international, the regional and domestic levels. This publication has a wealth of information, illustrating the issue of adaptation with many examples from all over the world. One of the most valuable aspects of this book, ensuring that it will have a lasting value, is that it discusses all fields of law, which are vulnerable to climate change (such as tort law; insurance law; disaster law; marine law; water law; planning law; construction law; environmental law; forestry; energy law; biodiversity). The book also includes general issues of adaptation, such as climate justice and the relationship between adaptation and development; human rights in the context of migration law and compensation. It is written in a very accessible language and will be an indispensible reading for both scholars and practitioners. The content and structure of the book make it a definitive book on climate adaptation.Õ Ð Malgosia Fitzmaurice, Queen Mary, University of London, UK ÔThis book indeed will become the definitive text on climate adaptation law for the coming years! From a global law perspective, Verschuuren and his team analyse in an outstanding way the legal challenges and barriers to climate change adaptation and how they can be overcome. Just like climate change, this book is here to stay!Õ Ð Kurt Deketelaere, KU Leuven/League of European Research Universities (LERU), Belgium This timely Research Handbook discusses the challenges brought about by the need to adapt to a changing climate. It considers how adaptation is necessary to address impacts resulting from the warming of the EarthÕs atmosphere which is already unavoidable due to past emissions. With adaptation policies around the world still in their infancy, the book examines the legal challenges and barriers to climate change adaptation and how can they be overcome. It brings together expert contributors to consider topics ranging across tort and insurance law, disaster law, water law, marine law, planning law, biodiversity law, green buildings, pollution control, displacement, agriculture and energy. With its transnational and multilevel approach, the Research Handbook on Climate Change Adaptation Law will be an essential resource for academics in the field of climate change policy and law, policymakers and other government officials working on climate change, and NGOs working in the field of climate change.

Climate Law and Developing Countries

Climate Law and Developing Countries Author Benjamin J. Richardson
ISBN-10 9781849802321
Release 2010
Pages 448
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'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' - Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental Law This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over twenty international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law.

Nordic Journal of International Law

Nordic Journal of International Law Author
ISBN-10 STANFORD:36105063862465
Release 2006
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Nordic Journal of International Law has been writing in one form or another for most of life. You can find so many inspiration from Nordic Journal of International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Nordic Journal of International Law book for free.

Climate Change Loss and Damage

Climate Change Loss and Damage Author Krishna Rao Pinninti
ISBN-10 9783642395642
Release 2013-12-06
Pages 50
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This text works to establish essential foundations and guidelines in the current process of providing strategies, mechanisms and resources for mitigating loss and damage from the adverse impacts of climate change and climate variability. This builds on the groundwork done by the UNFCCC and other entities to facilitate the processes at the international level, pursuing a pragmatic approach and the objective specification of relevant frameworks for further actions. The primary goal is the development of integrated approaches to the assessment and reduction of loss and damage due to climate change (including climate variability), encompassing both economic and legal dimensions. The publication is aimed at readers in top-level policymaking and strategy development on the national and international level, as well as academia.