Review of European, Comparative and International

Total Page:16

File Type:pdf, Size:1020Kb

Review of European, Comparative and International RECIEL . ISSN 2050 0386 Volume 29 Issue 2 2020 Back Issues Law Environmental Comparative Volume 14 Volume 22 Issue 1 Issue 1 Issue 2 Issue 2 Issue 3 Issue 3 Volume 15 Volume 23 Issue 1 Issue 1 Issue 2 Issue 2 Issue 3 Issue 3 Review of European, Comparative & International Environmental Law Volume 16 Volume 24 Issue 1 Issue 1 Issue 2 Issue 2 Issue 3 Issue 3 Special Issue: Assessing the EU 2030 Climate and Energy Policy Framework Volume 17 Volume 25 Issue 1 Issue 1 Guest Editors: Claire Dupont, Kati Kulovesi and Issue 2 Issue 2 Issue 3 Issue 3 Harro van Asselt Assessing the EU’s 2030 Climate and Energy Policy Framework: Incremental change toward radical Volume 18 Volume 26 transformation? Issue 1 Issue 1 Kati Kulovesi and Sebastian Oberthür Issue 2 Issue 2 Issue 3 Issue 3 Adaptability versus certainty in a carbon emissions reduction regime: An assessment of the EU’s 2030 Climate and Energy Policy Framework Volume 19 Volume 27 Diarmuid Torney and Roderic O’Gorman Issue 1 Issue 1 EU climate law sans frontières : The extension of the 2030 Framework to the Energy Community contracting Issue 2 Issue 2 parties Issue 3 Issue 3 Stephen Minas Human rights of minors and future generations: Global trends and EU environmental law particularities Volume 29 Volume 20 Volume 28 Sanja Bogojevic´ Issue 1 Issue 1 Issue 2 Issue 2 The continued effort sharing approach in EU climate law: Binding targets, challenging enforcement? Marjan Peeters and Natassa Athanasiadou Issue 3 Issue 3 . Issue 2 Making sense of the LULUCF Regulation: Much ado about nothing? Volume 21 Volume 29 Annalisa Savaresi, Lucia Perugini and Maria Vincenza Chiriacò . Issue 1 Issue 1 2020 Fifty shades of binding: Appraising the enforcement toolkit for the EU’s 2030 renewable energy targets Issue 2 Alessandro Monti and Beatriz Martinez Romera Issue 3 Power to the people? Implications of the Clean Energy Package for the role of community ownership in Europe’s energy transition Joshua Roberts The EU’s 2030 Climate and Energy Policy Framework: How net metering slips through its net Theodoros G. Iliopoulos, Matteo Fermeglia and Bernard Vanheusden The above Back Issues are available upon request. Please see details on the inside back cover or visit wileyonlinelibrary.com Discover this journal online at wileyonlinelibrary.com/journal/reel RReel_v29_i2_cover.inddeel_v29_i2_cover.indd 1 88/11/2020/11/2020 44:41:12:41:12 PPMM Information for Subscribers Publisher: RECIEL is published by John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK, phone: +44 (0) 1865 776868, fax: +44 (0) 1865 714591 and 350 Main Street, Malden, MA 02148, USA, phone: +1 781 388 8200, fax: +1 781 388 8210. John Wiley & Sons Ltd was acquired by John Wiley & Sons in February 2007. Blackwell’s programme has been merged with Wiley’s global Scientific, Technical and Medical business to form Wiley Blackwell. REVIEW OF EUROPEAN, COMPARATIVE Production Editor: Nithisha Raveendran ([email protected]) Advertising: Joe Adams ([email protected]) AND INTERNATIONAL ENVIRONMENTAL Information for subscribers: RECIEL is published in three issues per year in April, July and November. Institutional subscription prices for 2020 are: Print & Online: US$1971 (US), US$2567 (Rest of World), €1668 (Europe), £1316 (UK). Prices are exclusive LAW (RECIEL) of tax. Australian GST, Canadian GST and European VAT will be applied at the appropriate rates. For more information on current tax rates, please go to www.wileyonlinelibrary.com/tax-vat. The institutional price includes online access to the current Harro van Asselt and all online back files to January 1st 2014, where available. For other pricing options, including access information and terms Editor University of Eastern Finland Law School and conditions, please visit www.wileyonlinelibrary.com/access Delivery Terms and Legal Title: Where the subscription price includes print issues and delivery is to the recipient’s address, Associate Editors delivery terms are Delivered at Place (DAP); the recipient is responsible for paying any import duty or taxes. Title to all issues Annalisa Savaresi Dr Marie-Catherine Petersmann transfers FOB our shipping point, freight prepaid. We will endeavour to fulfil claims for missing or damaged copies within six Associate Editor (Case Notes) Associate Editor (Book Reviews) months of publication, within our reasonable discretion and subject to availability. Lecturer in Environmental Law, Utrecht University, The Netherlands University of S rling, School of Law, UK Access to this journal is available free online within institutions in the developing world through the OARE initiative with UNEP. For information, visit www.oaresciences.org. Editorial Board Disclaimer: The Publisher and Editors cannot be held responsible for errors or any consequences arising from the use of information contained in this journal; the views and opinions expressed do not necessarily reflect those of the Publisher and Shawkat Alam, Jeff rey McGee Professor of Law Senior Lecturer in Climate Change, Marine and Antarc c Law Editors, neither does the publication of advertisements constitute any endorsement by the Publisher and Editors of the prod- Director, Centre for Environmental Law Director, Australian Forum for Climate Interven on Governance ucts advertised. Macquarie University, Australia Faculty of Law, Ins tute for Marine and Antarc c Studies, University of Tasmania, Carl Bruch Australia REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRONMENTAL LAW, (ISSN 2050-0386), is published Director of Interna onal Programs Elisa Morgera Environmental Law Ins tute, USA Professor of Global Environmental Law in three issues a year. US mailing agent: Mercury Media Processing, LLC 1634 East Elizabeth Ave, Linden NJ 07036 USA. Richard Caddell Director, Strathclyde Centre for Environmental Law and Governance POSTMASTER: Send all address changes to REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRON- Senior Lecturer, College of Law, University of Strathclyde, UK MENTAL LAW, John Wiley & Sons Ltd, Journals Subscription Department, 350 Main St., Malden, MA 02148-5020. University of Swansea, UK Lavanya Rajamani Michael Faure Professor of Interna onal Environmental Law Back issues: Single issues from current and prior year volumes are available at the current single issue price from John Wiley Faculty of Law, University of Oxford Professor of Compara ve and Interna onal Environmental Law & Sons Ltd. Earlier issues may be obtained from Periodicals Service Company, 351 Fairview Avenue – Ste 300, Hudson, NY Academic Director, Ins tute for Transna onal Legal Research United Kingdom Maastricht University, The Netherlands Leonie Reins 12534, USA. Tel: +1 518 822 9300, Fax: +1 518 822 9305, Email: [email protected] Joyeeta Gupta Assistant Professor Professor of Environment and Development in the Global South Tilburg Law School, Tilburg University, The Netherlands Copyright and Copying: © 2020 John Wiley & Sons Ltd. All rights reserved. No part of this publication may be reproduced, University of Amsterdam, The Netherlands Gregory Rose stored or transmitted in any form or by any means without the prior permission in writing from the copyright holder. Autho- Rakhyun Kim Associate Professor rization to photocopy items for internal and personal use is granted by the copyright holder for libraries and other users Assistant Professor Centre for Natural Resources Law and Policy, University of Wollongong, Copernicus Ins tute of Sustainable Development, Utrecht University, Australia registered with their local Reproduction Rights Organisation (RRO), e.g. Copyright Clearance Center (CCC), 222 Rosewood The Netherlands Francesco Sindico Drive, Danvers, MA 01923, USA (www.copyright.com), provided the appropriate fee is paid directly to the RRO. This consent Louis Kotzé Reader in Interna onal Environmental Law does not extend to other kinds of copying such as copying for general distribution, for advertising or promotional purposes, Research Professor University of Strathclyde, UK North-West University, South Africa Qin Tianbao for republication, for creating new collective works or for resale. Permissions for such reuse can be obtained using the Right- Ka Kulovesi Director sLink “Request Permissions” link on Wiley Online Library. Special requests should be addressed to: [email protected] Professor of Interna onal Law Research Ins tute of Environmental Law, Wuhan University, China Director, Centre for Climate Change, Energy and Environmental Law Arie Trouwborst Journal Customer Services: For ordering information, claims and any enquiry concerning your journal subscription please go University of Eastern Finland Law School, Finland Associate Professor of Environmental Law to interscience.wiley.com/support or contact your nearest office. Americas: Email: [email protected]; Tel: +1 781 388 Sandrine Maljean-Dubois Tilburg Law School, Tilburg University, The Netherlands Director of Research Geert van Calster 8598 or +1 800 835 6770 (toll free in the USA & Canada). Europe, Middle East and Africa: Email: [email protected]; Tel: CNRS, Aix-Marseille University Professor, KU Leuven +44 (0) 1865 778315. Asia Pacific: Email: [email protected]; Tel: +65 6511 8000. Japan: For Japanese speaking support, Benoit Mayer Member of the Brussels Bar, Belgium Email: [email protected]; Tel: +65 6511 8010 or Tel (toll-free): 005 316 50 480. Visit our Online Customer Self-Help avail- Assistant Professor Chris na Voigt The Chinese University of Hong Kong, China Professor of Interna onal Law able in 7 languages
Recommended publications
  • Course Handbook Climate Change Law and Policy (2021)
    Course Handbook Climate Change Law and Policy (2021) Course leaders Dr. Harro van Asselt, Professor of Climate Law and Policy, UEF Law School Centre for Cliamte Change, Energy and Environmental Law (Email: [email protected]) Harro van Asselt is Professor of Climate Law and Policy at the UEF Law School, Research Fellow with Utrecht University’s Copernicus Institute, and an Affiliated Researcher of the Stockholm Environment Institute. He has over 15 years of research experience in different research organisations, focusing on various aspects of international climate change law and policy. He is Editor of the Review of European, Comparative and International Environmental Law (RECIEL) and has published extensively in peer-reviewed academic journals and edited books. He is the author The Fragmentation of Global Climate Governance (Edward Elgar, 2014). Harro holds a PhD (cum laude) from the Vrije Universiteit Amsterdam (2013). Kati Kulovesi is Professor of International Law at the UEF Law School and Co-Director of the Centre for Climate, Energy and Environmental Law (CCEEL). She holds PhD and LL.M degrees from the London School of Economics and Political Science, and LL.M degree from the University of Helsinki. She has over 20 years of experience from climate law and policy in various roles, including as a practicing carbon market lawyer, academic and member of Finland’s statutory Climate Change Panel. Kati has advised several governments and organizations on climate policy an followed the UN climate negotiators since 2001 both as a negotiator and writer/team leader of the Earth Negotiations Bulletin. She currently leads several multidisciplinary research projects related, inter alia, to enhanced mitigation of black carbon and methane, legitimacy of climate policy and climate regulation in the land use, land-use change and forestry sector.
    [Show full text]
  • International Law Academic Year 2018-2019 Climate Change And
    International Law PROFESSOR Academic year 2018-2019 Saab Anne Climate Change and International Law ([email protected]) Office hours DI085 - Printemps - 6 ECTS ASSISTANT Course Description Giulia Raimondo This course explores the role of international law in ([email protected]) devising ways to mitigate further climate change, and to adapt to those impacts that are already inevitable. The Office hours course includes an examination of the current international legal framework on climate change, notably the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. As the effects of climate change are widespread, the course also addresses other relevant areas of international law - including human rights, trade, and migration - and explores developments in climate change litigation and the concept of climate justice. The course will enable students to understand and critically assess the role of international law in addressing climate change. Syllabus COURSE SCHEDULE: Classes for this course will take place on Wednesdays from 12:15 – 14:00 in room S5. COURSE ASSESSMENT: Students in the course will be assessed through class attendance and participation (10%), two reading responses (30%), and a final essay (60%). Students must submit two reading responses on any readings of their choice between 6 March and 22 May, inclusive. Reading responses should reflect thoughts on one or more of the readings for a class, and should be no more than 500 words. The reading responses must be submitted by 17:00h the day before the class. Students are free to choose an essay question from one (or more) of the topics covered during the course.
    [Show full text]
  • International Environmental Law
    SOUTH ASIAN UNIVERSITY Faculty of Legal Studies LLM 2017-2019 Winter Semester (Second Semester) Course Information Part I Course Title: International Environmental Law Course Code: LW037 Course instructor: Dr Stellina Jolly Course Duration: One Semester Credit Units: 4 Medium of Instruction: English Prerequisites: Nil Precursors: Nil Equivalent Courses: N/A Part 11 Course objectives: The overall objective of this course is to provide a basic understanding of the key features and developments of Environmental Law in an international perspective. By the end of the course, students should have knowledge of: International rule-making through multilateral environmental agreements, including compliance and enforcement The complexities surrounding environmental principles Core environmental issues and legal and institutional responses Analyze the SAARC Perspective. Part III -Course Evaluation Pattern The evaluation is based on mid-term and end-term examinations (40 marks each). The evaluation also includes a research paper writing effort examined for 20 marks. Part 1V – Structured course programme with units: 12 units, arranged into 12 weeks of teaching and three weeks of assessment Week 1 Introduction to International Environmental Law The module cover topics like origin, history, and development of International Environmental Law. Stockholm Declaration of the United Nations Conference on the Human Environment, 1972, World Charter for Nature, 1982, and Rio Declaration on Environment and Development, Johannesburg Declaration, Rio 2012, and Sustainable Development Goals will form the basis for discussion. Core Reading 1. Daniel Bodansky, (2010) The Art and Craft of International Environmental Law, (Harvard University Press) Chapter 2 2. Adil Najam “Developing Countries and Global Environmental Governance: From Contestation to Participation to Engagement”, (2005) 5 International Environmental Agreements 303–321 3.
    [Show full text]
  • LAVANYA RAJAMANI [email protected]
    LAVANYA RAJAMANI [email protected] Professor of Environmental Law – MBA Green Energy and Sustainable Businesses Bologna Business School University of Bologna OTHER ACADEMIC POSITIONS Since 2006 Professor Centre for Policy Research, New Dehli 2002-2006 Lecturer in Environmental Law University of Cambridge, UK 2002-2006 Fellow & Director of Studies in Law Queens College, University of Cambridge, UK 2009 Instructor Hague Academy of International Law, Beijing, China OTHER POSITIONS 2008-2009 Advisor Danish Ministry of Climate Change and Energy 2009 Legal Advisor Ad-Hoc Working Group on Long Term Cooperative Action, FCCC 2000-2001 Staff Lawyer Foundation for International Environmental Law Development, London Research and consultation projects 2000-2002 Junior Research Fellow in Public International Law Worcester College, Oxford, UK 2008 English Director of Research – Centre for Studies and Research in International Law Hague Academy of International Law, The Netherlands since 2004 Consultant United Nations Framework Convention on Climate Change, Bonn, Germany VISITING POSITIONS 2009-2012 Senior Academic Visitor University of Oxford 2011 Visiting Professor – International Climate Change Law Aix-Marseille University 2006-2008 Visiting Professor – European Environmental Law 1 Osaka Gakuin University, Osaka, Japan EDUCATION 2006 PhD University of Cambridge 2002 D.Phil University of Oxford 1998 Master of Law (LL.M) Yale University 1997 Bachelor of Civil Law University of Oxford 1996 Bachelor of Arts and Law (BA LL.B) National Law School
    [Show full text]
  • SHIBANI GHOSH Email: [email protected]
    SHIBANI GHOSH Email: [email protected] Professional Experience Enrolled as an ADVOCATE with the Bar Council of Delhi since 2006, specialising in environmental and access to information laws CENTRE FOR POLICY RESEARCH, New Delhi Fellow (Aug 2015 – present); Senior Research Associate (Feb 2013 – July 2015); Research Associate (May 2010 – Mar 2011; Aug 2011 – Jan 2013) . Research and writing on environmental legal and regulatory issues . With Dr. Lavanya Rajamani, Professor, CPR – Involved in research relating to international environmental law particularly climate change issues . With Dr. Navroz K. Dubash, Senior Fellow, CPR – Involved in research on environmental regulation in India, particularly institutional reform HARVARD KENNEDY SCHOOL, Sustainability Science Program, Cambridge Research Fellow (Sept 2014 – Aug 2015) Researching on legal mechanisms to address the endemic problem of air pollution in India RICS – SCHOOL OF BUILT ENVIRONMENT, AMITY UNIVERSITY, NOIDA Visiting Faculty (Oct 2013 – present) Teaching environmental law to students pursuing MBA in Real Estate & Urban Infrastructure TERI UNIVERSITY, New Delhi Visiting Faculty (Feb 2012 – July 2014) Teaching a 3 credit course titled ‘Law, Society and Sustainable Development’ to students pursuing MA in Sustainable Development Practice LEGAL INITIATIVE FOR ENVIRONMENT AND FORESTS (LIFE), New Delhi Legal Consultant (June 2009 – Jan 2012); Associate (Apr – Aug 2006); Legal Intern (May 2005) . Practicing law with a general focus on environmental law before the Supreme Court of India, High Court of Delhi, the Central Empowered Committee, India (CEC), the National Environment Appellate Authority (NEAA) and the National Green Tribunal (NGT) . Involved in research on various public interest issues such as public participation, access to information and access to justice in environmental decision making and water governance MR.
    [Show full text]
  • Promoting Compliance in an Evolving Climate Regime Edited by Jutta Brunnée Meinhard Doelle and Lavanya Rajamani Frontmatter More Information
    Cambridge University Press 978-0-521-19948-3 - Promoting Compliance in an Evolving Climate Regime Edited by Jutta Brunnée Meinhard Doelle and Lavanya Rajamani Frontmatter More information PROMOTING COMPLIANCE IN AN EVOLVING CLIMATE REGIME As the contours of a post-2012 climate regime begin to emerge, compli- ance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime’s compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the lit- erature on compliance theory, and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance pro- cedure to date, and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition, and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, ‘bottom-up’ approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements. jutta brunnée is Professor of Law and Metcalf Chair in Environ- mental Law at the University of Toronto. As co-author of Legitimacy and Legality in International Law: An International Account, she received the American Society of International Law’s 2011 Certificate of Merit for a Preeminent Contribution to Creative Scholarship in International Law. meinhard doelle is an associate professor at Dalhousie University’s Schulich School of Law, where he is also Associate Director of the Marine and Environmental Law Institute.
    [Show full text]
  • Project Andrew Burrows Appointed to the Supreme Court 'Remembering Rwanda' Wins Award New Law and Technology Course Reproductive Health and Human Rights
    2020 No 23 The 'Future of Plastics' Project Andrew Burrows appointed to the Supreme Court 'Remembering Rwanda' wins award New Law and Technology Course Reproductive Health and Human Rights FACULTY OF L AW Editor: Clare Oxenbury-Palmer Designed by: windrushgroup.co.uk Printed by: Oxford University Press The Oxford Law News is published annually Dean’s Letter CONTENTS by the Faculty of Law, University of Oxford This will be my last Dean’s Dean’s Letter 3 Cover photos: Plastic pollution in ocean environmental Letter in the Law News 4-8 problem. Turtles can eat plastic bags News, because Student News 9 mistaking them for jellyfish by Richard Carey on Adobe Stock my term of office Water efficiency in the public sector 10-11 Andrew Burrows comes to an end Can the law help us to relate to each other better? 12-13 Data – Law and Technology in September of ‘Remembering Rwanda’ Team at the Oxford Human Rights Hub: ‘Shaping the Future’ 14-15 VCPER awards Bayush and her friends this year. Law Faculty Blogs 16-18 in Ethiopia Photographer Jessica Lea Department for Photo: Piranha Photography Erasmus+ and the Oxford Law Faculty 19 International Development Access & Outreach 20-21 New Faculty members 22-23 I always expected the job to be challenging, and so both those who read law at Oxford and those who did it has proved, but no-one could have foreseen the something else and ended up pursuing a career in law. Farewell 24 turmoil of the past few weeks, as we have confronted I have loved hearing your stories about Oxford – your the Coronavirus pandemic.
    [Show full text]
  • Geir Ulfstein
    GEIR ULFSTEIN http://folk.uio.no/geiru/ Professor, Department of Public and International Law, University of Oslo (1998‐) Director, Norwegian Centre for Human Rights, University of Oslo (2004‐08) Professor II, University of Tromsø (2002‐04) Judge Tromsø City Court, 1989‐90 and Judge Hålogaland Appeals Court, Fall 1990 Dr. juris, University of Oslo, 1995 Cand. jur., University of Oslo, 1976 PROFESSIONAL SERVICE AND ACTIVITIES Visiting Professor, Paris I (Sorbonne) (2008‐2009) Chair, Association of Human Rights Institutes (AHRI) (2004‐08) Vice‐President, Norwegian Branch of the International Law Association (ILA) (2001‐). Member of the International Law Association Committees on Human Rights Law and Practice and on International Law on Sustainable Development Member of the IUCN (The World Conservation Union) Commission on Environmental Law (2001‐) Member of the Advisory Board of the Nordic Journal of International Law (2003‐) Chair of the Steering Committee on Environmental Law, Norwegian Research Council (1996‐ 2003) Leader of the Nordic Research Network for Saami Law and Environmental Law (NorFa) (2002‐04) Visiting Professor, Max Planck Institute for Comparative Public and Public International Law, Heidelberg, Fall 2003 Leader of the Committee to prepare Master of Law studies at the Law Faculty, University of Oslo (2002‐2003) Vice‐Dean for Research, Law Faculty, University of Oslo, Fall 2002 Deputy Director, Department of Public and International Law (2002‐04) Visiting Fellow, Lauterpacht Research Centre for International Law and Research Associate, Corpus Christi College, University of Cambridge (1998‐99) Visiting lecturer, Centre d'Études et de Recherches Internationales et Communautaires, Aix‐ en‐Provence (1991) Visiting scholar, Institute for Marine Studies, University of Washington, 1985 CURRENT RESEARCH Co‐director (with Andreas Føllesdal) of the inter‐disciplinary project “Should States Ratify Human Rights Conventions?” at the Norwegian Center for Advanced Study (http://www.cas.uio.no/research/0910humanrights/index.php).
    [Show full text]
  • Transnational Environmental Law
    TEL ISSN: 2047-1025 TRANSNATIONAL ENVIRONMENTAL LAW ENVIRONMENTAL TRANSNATIONAL TRANSNATIONAL ENVIRONMENTAL LAW TEL is dedicated to the development of new ideas on law’s contribution to environmental governance in a global context. EDITORIAL Transnational Climate Law Thijs Etty, Veerle Heyvaert, Editors-in-Chief Cinnamon Carlarne, Dan Farber, Bruce Huber and Josephine van Zeben, Editors ARTICLES Keeping the Arctic White: The Legal and Governance Landscape for Reducing Short-Lived Climate Pollutants in the Arctic Region Yulia Yamineva and Kati Kulovesi TRANSNATIONAL ENVIRONMENTAL LAW Regulatory Chill in a Warming World: The Threat to Climate Policy Posed by Investor-State Dispute Settlement Kyla Tienhaara VOLUME 7 ISSUE 2 International Law Obligations Arising in relation to Nationally Determined Contributions Benoit Mayer Transnational REDD+ Rule Making: The Regulatory Landscape for REDD+ Implementation in Latin America María Eugenia Recio Towards an EU Regulatory Framework for Climate-Smart Agriculture: The Example of Soil Carbon Sequestration Jonathan Verschuuren Conservation Introductions for Biodiversity Adaptation under Climate Change Phillipa C. McCormack Legal and Policy Pathways of Climate Change Adaptation: Comparative Analysis of the Adaptation Practices in the United States, Australia and China Xiangbai He JULY 2018 JULY BOOK REVIEWS Cambridge Core For further information about this journal please go to the journal website at: cambridge.org/tel DownloadedVOLUME from https://www.cambridge.org/core 7 ISSUE. IP2 address: JULY 170.106.202.8
    [Show full text]
  • CLIMATE CHANGE LAW and POLICY Visiting Professor Vyoma
    CLIMATE CHANGE LAW AND POLICY THE ECONOMICS, ETHICS AND POLITICS OF CLIMATE CHANGE Visiting Professor Vyoma Jha National Law University, Delhi Fall 2014 Why climate change? Climate change has emerged as a serious problem that challenges both our informal systems for regulating behavior (e.g., ethics) and our formal systems of governance (e.g., law). The aim of this seminar course will be to provide students a comprehensive introduction to climate change law and policy. We will begin by using economics as the primary analytical framework, but ground it in a strong connection to ethical and current political reality. For our legal analysis we will work our way from the global to the local, starting by tracing developments in international climate change law and policy, moving to exploring the key Indian governance approaches to climate change, especially the difficult legal and policy decisions that India will face with respect to climate change. Why not only the Law? Why Economics? Ethics? Politics? Climate change, like a lot of other problems in the modern world, is shaped by challenges that are increasingly non-linear, unpredictable, messy and context-dependent. The effects of climate change are decidedly non-linear and difficult to forecast. While, there are no guaranteed responses and those proposed so far are complex, context-dependent, and in most cases very disputed. The law of climate change involves a wide gamut of issues that go well beyond the confines a legal framework. In order to be prepared for and resilient to the changes in the legal issues surrounding climate change, a lawyer needs to be well versed in the complex and multi-level governance system applying to climate change.
    [Show full text]
  • Human Rights and Climate Change
    A WORLD BANK STUDY Public Disclosure Authorized Public Disclosure Authorized Human Rights and Public Disclosure Authorized Climate Change A REVIEW OF THE INTERNATIONAL LEGAL DIMENSIONS Siobhán McInerney-Lankford Public Disclosure Authorized Mac Darrow Lavanya Rajamani WORLD BANK STUDY Human Rights and Climate Change A Review of the International Legal Dimensions Siobhan McInerney-Lankford, Mac Darrow, and Lavanya Rajamani Copyright © 2011 The International Bank for Reconstruction and Development/The World Bank 1818 H Street, NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org 1 2 3 4 13 12 11 10 World Bank Studies are published to communicate the results of the Bank’s work to the development community with the least possible delay. The manuscript of this paper therefore has not been prepared in accordance with the procedures appropriate to formally-edited texts. This volume is a product of the staff of the International Bank for Reconstruction and Development / The World Bank. The fi ndings, interpre- tations, and conclusions expressed in this volume do not necessarily refl ect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundar- ies, colors, denominations, and other information shown on any map in this work do not imply any judgement on the part of The World Bank concerning the legal status of any territory or the endorse- ment or acceptance of such boundaries. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmi ing portions or all of this work without permission may be a violation of applicable law.
    [Show full text]
  • Climate Change Liability
    ClimateChange l ord QC, ord Climate Change liability Climate as frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. actual g or potential climate change liability implicates a growing range of actors, including and Rajamani oldberg, Change governments, industry, businesses, non-governmental organizations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the european Union. in some jurisdictions, the applicable law liability BLK is less developed and less the subject of current debate. in others, actions for various kinds of climate change liability have already been brought, including high-profile cases such y as massachusetts v. ePa in the United States. each chapter explores the potential for and transnational law and Practice barriers to climate change liability in private and public law. m l edi t ed by RiChaRd loRd QC is a london-based commercial litigator with over twenty-five iability C years’ experience, particularly of international disputes in the Commercial Court and Richard lord QC in arbitration, and with a particular interest in private law aspects of climate change. b runnée Silke goldbeRg is a Paris-based senior associate in herbert Smith’s global Silke goldberg energy practice and a research fellow in energy law at Rijksuniversiteit groningen, the netherlands. lavanya Rajamani lavanya RaJamani is a professor at the Centre for Policy Research, new delhi, Jutta brunnée iability PPC where she writes, teaches and advises on international environmental law, in particular l international climate change law and policy.
    [Show full text]