Interstate Liability For Climate Change Related Damage
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Interstate Liability For Climate Change Related Damage
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Author : Elena Kosolapova
language : en
Publisher:
Release Date : 2013
Interstate Liability For Climate Change Related Damage written by Elena Kosolapova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Climatic changes categories.
The first commitment period under the 1997 Kyoto Protocol to the UN Framework Convention on Climate Change (UNFCCC) has expired. Following the adoption of the Doha Amendment in December 2012, it is now clear that, today, the Kyoto Protocol only covers about 15% of global greenhouse gas emissions. It does not impose any legally binding emissions reduction or limitation targets on developing States, and not all industrialized States have undertaken commitments under the second commitment period. The UNFCCC process is due to produce a new climate agreement applicable to all parties in 2015, but it will not be implemented before 2020. Whether the international negotiations will be able to deliver a more ambitious climate regime remains to be seen. Meanwhile, with damaging effects of climate change becoming more apparent each year, the urgency of the global mitigation effort cannot be underestimated. This book explores the possibilities of ensuring that states take adequate mitigation measures, even in the absence of explicit treaty provisions to that effect. Given that the international climate regime does not have a liability mechanism of its own, the book turns to the law of State responsibility to identify options for a potential claimant, such as a small island developing State. (Series: Humanity, Earth and Law in the Third Millennium [HEAL3] - Vol. 1)Ã?Â?
Research Handbook On Emissions Trading
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Author : Stefan E. Weishaar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-12-30
Research Handbook On Emissions Trading written by Stefan E. Weishaar and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Law categories.
Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.
The Rio Declaration On Environment And Development
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Author : Jorge E. Viñuales
language : en
Publisher: Oxford Commentaries on Interna
Release Date : 2015
The Rio Declaration On Environment And Development written by Jorge E. Viñuales and has been published by Oxford Commentaries on Interna this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The international community has long grappled with the issue of protecting the environment while encouraging social and economic development, often with limited results. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. This work provides a comprehensive examination of these principles and their subsequent implementation.
International Law Obligations On Climate Change Mitigation
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Author : Benoit Mayer
language : en
Publisher: Oxford University Press
Release Date : 2022-07-11
International Law Obligations On Climate Change Mitigation written by Benoit Mayer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-11 with Law categories.
Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they are often more demanding. The second part explores how these general obligations can be applied objectively, for instance by a court, in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action, the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation, vigilance, and consistency. This book presents a first comprehensive doctrinal study of states' obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and, possibly, human rights treaties. It also explores the interactions between these multiple obligations.
Research Handbook On Climate Change Mitigation Law
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Author : Geert Van Calster
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-01-30
Research Handbook On Climate Change Mitigation Law written by Geert Van Calster and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-30 with Law categories.
As well as taking stock of the current and proposed legal instruments, the book looks at the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacifi
International Law And The Protection Of Climate Refugees
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Author : Giovanni Sciaccaluga
language : en
Publisher: Springer Nature
Release Date : 2020-08-05
International Law And The Protection Of Climate Refugees written by Giovanni Sciaccaluga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-05 with Law categories.
This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.
The International Law On Climate Change
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Author : Benoit Mayer
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-28
The International Law On Climate Change written by Benoit Mayer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
A synthesis of the relevant agreements, customary norms and ongoing discussions on the international law on climate change.
Biodiversity
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Author : Usha Tandon
language : en
Publisher: Taylor & Francis
Release Date : 2017-11-02
Biodiversity written by Usha Tandon and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Social Science categories.
Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation — be it forest, wildlife, marine, coastal, etc. — their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
Climate Change Remedies
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Author : Jaap Spier
language : en
Publisher: AFRICAN SUN MeDIA
Release Date : 2014-07-01
Climate Change Remedies written by Jaap Spier and has been published by AFRICAN SUN MeDIA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-01 with Science categories.
ÿClimate change poses very serious risks to mankind. Adaptation and damages are emphasised more and more. Although adaptation is important, priority should be given to prevention (mitigation). The contributions in this volume emanate from an international research project that deals with a legal kaleidoscope of legal issues and focuses primarily on preventive remedies. The contributions of Spier and Magnus tackle injunctive relief and discuss the myriad of legal questions courts have to answer if they are willing to grant injunctive relief. This part of the book addresses procedural, private international and substantive law. Kemp?s contribution discusses the role criminal law could play to come to grips with the threats of climate change. So far, the greater part of the debate is about the United States, Europe and, increasingly, Asia. Ruppel fills this gap by painting an African perspective.
Environmental Liability And The Interplay Between Eu Law And International Law
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Author : Emanuela Orlando
language : en
Publisher: Routledge
Release Date : 2023-07-24
Environmental Liability And The Interplay Between Eu Law And International Law written by Emanuela Orlando and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.