Pub Date : 2017-11-09DOI: 10.1163/18786561-00704003
E. Ristroph
In Alaska, indigenous rural communities face climate-related challenges to maintaining their physical and cultural continuity. Some of these communities are considering ‘co-relocation’, in which the population of an entire community relocates to a new site on nearby rural land where residents can continue to practice their subsistence lifeways. Some Alaskans have called for government-assisted co-relocation for Alaska Native Villages ( ANV s), whereby national and State of Alaska government agencies pay for and lead the construction of housing and infrastructure at the new site. This model of relocation has many challenges, including expense, delay, lack of support from those outside ANV s, confusion as to which agency will do what, and the effect of continuing an unsustainable Western colonial pattern. The state and federal governments, in partnership with ANV s, need to explore what alternatives are available to preserve these communities’ physical and cultural continuity. This article considers the legal and political framework for relocation alternatives, and suggests pathways that would not require major changes of law or the creation of new agencies. I draw on various legal sources as well as interviews with ANV members, Alaska legislators, Congressional staff, federal and state agency directors, academics, planners, and others who make or influence policy that could affect co-relocation.
{"title":"When Climate Takes a Village: Legal Pathways toward the Relocation of Alaska Native Villages","authors":"E. Ristroph","doi":"10.1163/18786561-00704003","DOIUrl":"https://doi.org/10.1163/18786561-00704003","url":null,"abstract":"In Alaska, indigenous rural communities face climate-related challenges to maintaining their physical and cultural continuity. Some of these communities are considering ‘co-relocation’, in which the population of an entire community relocates to a new site on nearby rural land where residents can continue to practice their subsistence lifeways. Some Alaskans have called for government-assisted co-relocation for Alaska Native Villages ( ANV s), whereby national and State of Alaska government agencies pay for and lead the construction of housing and infrastructure at the new site. This model of relocation has many challenges, including expense, delay, lack of support from those outside ANV s, confusion as to which agency will do what, and the effect of continuing an unsustainable Western colonial pattern. The state and federal governments, in partnership with ANV s, need to explore what alternatives are available to preserve these communities’ physical and cultural continuity. This article considers the legal and political framework for relocation alternatives, and suggests pathways that would not require major changes of law or the creation of new agencies. I draw on various legal sources as well as interviews with ANV members, Alaska legislators, Congressional staff, federal and state agency directors, academics, planners, and others who make or influence policy that could affect co-relocation.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41603764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-09DOI: 10.1163/18786561-00704005
A. Venn
There is a need to overcome the dichotomy in international responses to climate change between, on the one hand, a recognition of the significant threat posed by climate impacts for the continued enjoyment of fundamental rights, and, on the other, the lack of provision made for strengthening the legal protections available to climate-vulnerable states. The question of access to human-rights mechanisms currently looms large as a limitation on legal action within, or by, Small-Island Developing States. This article, drawing on empirical research conducted in Vanuatu and Fiji, examines the entrenched institutional barriers to engagement with the core international human rights treaties in the South Pacific. A number of steps are proposed to guide action by the international community, through funding strategies, integrated vulnerability assessments, and targeted in-country capacity building, in order to enable more effective engagement with rights mechanisms and offer greater recourse to justice.
{"title":"Universal Human Rights? Breaking the Institutional Barriers Facing Climate-Vulnerable Small-Island Developing States","authors":"A. Venn","doi":"10.1163/18786561-00704005","DOIUrl":"https://doi.org/10.1163/18786561-00704005","url":null,"abstract":"There is a need to overcome the dichotomy in international responses to climate change between, on the one hand, a recognition of the significant threat posed by climate impacts for the continued enjoyment of fundamental rights, and, on the other, the lack of provision made for strengthening the legal protections available to climate-vulnerable states. The question of access to human-rights mechanisms currently looms large as a limitation on legal action within, or by, Small-Island Developing States. This article, drawing on empirical research conducted in Vanuatu and Fiji, examines the entrenched institutional barriers to engagement with the core international human rights treaties in the South Pacific. A number of steps are proposed to guide action by the international community, through funding strategies, integrated vulnerability assessments, and targeted in-country capacity building, in order to enable more effective engagement with rights mechanisms and offer greater recourse to justice.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41286150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-09DOI: 10.1163/18786561-00704004
Jennifer Marlow, Lauren E. Sancken
Relocation requires reimagining the role of law and policy in assisting community relocation planning in predisaster contexts. For decades, the 467-person Inupiaq whaling village of Kivalina, Alaska, has navigated agency-led relocation processes and sought legal remedies to pursue relocation as a comprehensive means of addressing overcrowding, inadequate water and sanitation services, and the impacts of climate change on permafrost and coastline stability. Despite Kivalina’s highly successful efforts to create media and public awareness of its situation, no actionable relocation plans have emerged out of Kivalina’s formal engagement with traditional legal and policy avenues. This article examines three issues: (1) Kivalina’s current efforts to relocate within the context of its colonial past; (2) the limited us federal and state regulatory mechanisms available to Kivalina and other displaced Arctic tribal communities; and (3) ad hoc models that embrace the complexity of self-reliant relocation in predisaster contexts.
{"title":"Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing us Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic","authors":"Jennifer Marlow, Lauren E. Sancken","doi":"10.1163/18786561-00704004","DOIUrl":"https://doi.org/10.1163/18786561-00704004","url":null,"abstract":"Relocation requires reimagining the role of law and policy in assisting community relocation planning in predisaster contexts. For decades, the 467-person Inupiaq whaling village of Kivalina, Alaska, has navigated agency-led relocation processes and sought legal remedies to pursue relocation as a comprehensive means of addressing overcrowding, inadequate water and sanitation services, and the impacts of climate change on permafrost and coastline stability. Despite Kivalina’s highly successful efforts to create media and public awareness of its situation, no actionable relocation plans have emerged out of Kivalina’s formal engagement with traditional legal and policy avenues. \u0000This article examines three issues: \u0000(1) Kivalina’s current efforts to relocate within the context of its colonial past; \u0000(2) the limited us federal and state regulatory mechanisms available to Kivalina and other displaced Arctic tribal communities; and \u0000(3) ad hoc models that embrace the complexity of self-reliant relocation in predisaster contexts.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46107151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-09DOI: 10.1163/18786561-00704001
Maxine Burkett, Jainey K. Bavishi, E. Shew
{"title":"Climate Displacement, Migration, and Relocation—And the United States","authors":"Maxine Burkett, Jainey K. Bavishi, E. Shew","doi":"10.1163/18786561-00704001","DOIUrl":"https://doi.org/10.1163/18786561-00704001","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42513399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-01DOI: 10.1163/18786561-00702002
B. Mayer, Mikko Rajavuori, Mandy Meng Fang
China plans the implementation of a nationwide market-based mechanism for greenhouse gas mitigation, appearing thus to replicate the method used most notably in the European Union to price greenhouse gas emissions. However, China’s new mechanism represents only be the tip of the mitigation iceberg. Banking on the unique characteristics of a socialist market economy, China’s government has largely relied on State-Owned Enterprises as a tool for implementing rapid change. In this article, we discuss the role played by Chinese SOE s to advance the country’s ambitious mitigation objectives. After a general description of the incentives created for emission limitation and energy saving through SOE supervision, we highlight the corresponding efforts made in the fossil-fuel, power-generation, and other key mitigation sectors.
{"title":"The Contribution of State-Owned Enterprises to Climate Change Mitigation in China","authors":"B. Mayer, Mikko Rajavuori, Mandy Meng Fang","doi":"10.1163/18786561-00702002","DOIUrl":"https://doi.org/10.1163/18786561-00702002","url":null,"abstract":"China plans the implementation of a nationwide market-based mechanism for greenhouse gas mitigation, appearing thus to replicate the method used most notably in the European Union to price greenhouse gas emissions. However, China’s new mechanism represents only be the tip of the mitigation iceberg. Banking on the unique characteristics of a socialist market economy, China’s government has largely relied on State-Owned Enterprises as a tool for implementing rapid change. In this article, we discuss the role played by Chinese SOE s to advance the country’s ambitious mitigation objectives. After a general description of the incentives created for emission limitation and energy saving through SOE supervision, we highlight the corresponding efforts made in the fossil-fuel, power-generation, and other key mitigation sectors.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00702002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44469651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-01DOI: 10.1163/18786561-00702006
Samvel Varvaštian
When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1
{"title":"Current Legal Developments Climate Change and the Constitutional Obligation to Protect Natural Resources: The Pennsylvania Atmospheric Trust Litigation","authors":"Samvel Varvaštian","doi":"10.1163/18786561-00702006","DOIUrl":"https://doi.org/10.1163/18786561-00702006","url":null,"abstract":"When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00702006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45106027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-01DOI: 10.1163/18786561-00702004
Yixin Xu
China’s policymakers regard forest carbon sequestration as one of the most cost-effective ways to combat climate change. Yet, scholars argue that foreign forest carbon projects in developing countries are environmentally and socially unsustainable. This paper explores China’s policy and legal framework for the sustainability of forest carbon projects that utilize international carbon-certification schemes. It finds that while China’s government has set ambitious climate goals for the forest sector, the applicable regulations are not comprehensively developed, and risks of unsustainability exist in practice. The government should undertake comprehensive institutional reform, including reform to establish implementation regulations for REDD projects, adjust laws on forest and land to address climate risks, set up regulatory social-impact assessments, and create a greater demand for private forest sustainability assessments. 1
{"title":"An Analysis of China’s Legal and Policy Framework for the Sustainability of Foreign Forest Carbon Projects","authors":"Yixin Xu","doi":"10.1163/18786561-00702004","DOIUrl":"https://doi.org/10.1163/18786561-00702004","url":null,"abstract":"China’s policymakers regard forest carbon sequestration as one of the most cost-effective ways to combat climate change. Yet, scholars argue that foreign forest carbon projects in developing countries are environmentally and socially unsustainable. This paper explores China’s policy and legal framework for the sustainability of forest carbon projects that utilize international carbon-certification schemes. It finds that while China’s government has set ambitious climate goals for the forest sector, the applicable regulations are not comprehensively developed, and risks of unsustainability exist in practice. The government should undertake comprehensive institutional reform, including reform to establish implementation regulations for REDD projects, adjust laws on forest and land to address climate risks, set up regulatory social-impact assessments, and create a greater demand for private forest sustainability assessments. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00702004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43539463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-01DOI: 10.1163/18786561-00702005
Gu Gong, Ran An
Article 58 of China’s Environmental Protection Law 2014 ( EPL ) makes up for the earlier inadequacy of China’s environmental public-interest litigation ( ENVPIL ), but its actual efficacy needs to be tested in practice. An analysis of the 38 cases accepted and heard in 2015 shows that ENVPIL has indeed experienced some development since the EPL came into force. Significant progress has been made in terms of the number and scope of cases accepted, range of plaintiffs and defendants, completion rates, the trial mechanism, and jurisdiction. However, there are still many problems relating to the acceptance and hearing of cases, the role of environmental protection tribunals, the selection criteria for cases, the identification of plaintiffs’ qualifications, and the determination of legal liability. Institutional factors, rather than legal texts, determine the future of China’s ENVPIL . Overall, however, the developments are positive. This is important for all areas of environmental law in China, including the country’s still nascent climate change law. 1
{"title":"Progress and Obstacles in Environmental Public-Interest Litigation under China’s New Environmental Law: An Analysis of Cases Accepted and Heard in 2015","authors":"Gu Gong, Ran An","doi":"10.1163/18786561-00702005","DOIUrl":"https://doi.org/10.1163/18786561-00702005","url":null,"abstract":"Article 58 of China’s Environmental Protection Law 2014 ( EPL ) makes up for the earlier inadequacy of China’s environmental public-interest litigation ( ENVPIL ), but its actual efficacy needs to be tested in practice. An analysis of the 38 cases accepted and heard in 2015 shows that ENVPIL has indeed experienced some development since the EPL came into force. Significant progress has been made in terms of the number and scope of cases accepted, range of plaintiffs and defendants, completion rates, the trial mechanism, and jurisdiction. However, there are still many problems relating to the acceptance and hearing of cases, the role of environmental protection tribunals, the selection criteria for cases, the identification of plaintiffs’ qualifications, and the determination of legal liability. Institutional factors, rather than legal texts, determine the future of China’s ENVPIL . Overall, however, the developments are positive. This is important for all areas of environmental law in China, including the country’s still nascent climate change law. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00702005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41373366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-01DOI: 10.1163/18786561-00702003
Hao Zhang, P. Xu
This article examines whether ‘trial and error’ is an effective approach to the design of regulations for China’s emission-trading pilot programs. These pilots are designed and operated at local levels for the purpose of testing regulatory design and implementation, with the hope that a national scheme will be built on these experiences. Through an examination of China’s involvement in the Clean Development Mechanism, design and operating principles for emission trading, and China’s regulatory and institutional framework for emission reductions, this article argues that the trial-and-error approach helps the regulatory design of local pilot programs to be adaptive to local circumstances. Such circumstances include local laws, institutional capacities, and developmental priorities. But trial and error also has shortcomings, namely in its capacity to mediate the competing demands of environmental sustainability, commercial viability, financial integrity, and political legitimacy. This article contains lessons for the construction of China’s national emission-trading scheme.
{"title":"Designing Regulation for China’s Emission-Trading Pilot Programs Through Trial and Error: An Effective Approach?","authors":"Hao Zhang, P. Xu","doi":"10.1163/18786561-00702003","DOIUrl":"https://doi.org/10.1163/18786561-00702003","url":null,"abstract":"This article examines whether ‘trial and error’ is an effective approach to the design of regulations for China’s emission-trading pilot programs. These pilots are designed and operated at local levels for the purpose of testing regulatory design and implementation, with the hope that a national scheme will be built on these experiences. Through an examination of China’s involvement in the Clean Development Mechanism, design and operating principles for emission trading, and China’s regulatory and institutional framework for emission reductions, this article argues that the trial-and-error approach helps the regulatory design of local pilot programs to be adaptive to local circumstances. Such circumstances include local laws, institutional capacities, and developmental priorities. But trial and error also has shortcomings, namely in its capacity to mediate the competing demands of environmental sustainability, commercial viability, financial integrity, and political legitimacy. This article contains lessons for the construction of China’s national emission-trading scheme.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00702003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46490725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-01-09DOI: 10.1163/18786561-00701003
J. Dafoe
{"title":"Aviation and Climate Change: In Search of a Global Market Based Measure, written by Ruwantissa Abeyratne","authors":"J. Dafoe","doi":"10.1163/18786561-00701003","DOIUrl":"https://doi.org/10.1163/18786561-00701003","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00701003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44918664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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