Pub Date : 2021-04-01DOI: 10.1163/18786561-11010004
Z. Ding
{"title":"Frank Fichert, Peter Forsyth, and Hans-Martin Niemeier, eds, Aviation and Climate Change: Economic Perspectives on Greenhouse Gas Reduction Policies","authors":"Z. Ding","doi":"10.1163/18786561-11010004","DOIUrl":"https://doi.org/10.1163/18786561-11010004","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"11 1","pages":"113-118"},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42312104","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 : 2020-11-18DOI: 10.1163/18786561-10030004
C. Alexandraki
This article examines the role of the Paris Agreement in enabling developed-country financial contributions aimed at building transparency-related capacity in developing countries. It first analyses the legal means and institutional arrangements utilized by the Agreement to support developing countries in building transparency-related capacity. It then argues that even though the Agreement adopts certain legal and institutional means to foster transparency-related capacity building in developing countries through financial support, it does so in a way that risks undermining the meaningful and accountable use of climate finance, while softening the bindingness of the Agreement’s provisions. The lack of accountability obligations on climate finance for developing countries, the principle of flexibility, and the challenges intrinsic to climate finance, combine to weaken the climate-finance obligation, while calling into question the effectiveness of the Agreement.
{"title":"mrv of Emissions and Mitigation Action: the Paris Agreement and Financial Support for Transparency-Related Capacity Building in Developing Countries","authors":"C. Alexandraki","doi":"10.1163/18786561-10030004","DOIUrl":"https://doi.org/10.1163/18786561-10030004","url":null,"abstract":"\u0000This article examines the role of the Paris Agreement in enabling developed-country financial contributions aimed at building transparency-related capacity in developing countries. It first analyses the legal means and institutional arrangements utilized by the Agreement to support developing countries in building transparency-related capacity. It then argues that even though the Agreement adopts certain legal and institutional means to foster transparency-related capacity building in developing countries through financial support, it does so in a way that risks undermining the meaningful and accountable use of climate finance, while softening the bindingness of the Agreement’s provisions. The lack of accountability obligations on climate finance for developing countries, the principle of flexibility, and the challenges intrinsic to climate finance, combine to weaken the climate-finance obligation, while calling into question the effectiveness of the Agreement.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"10 1","pages":"308-334"},"PeriodicalIF":1.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47894735","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 : 2020-11-18DOI: 10.1163/18786561-10030002
Gareth Davies
Climate change is often seen as an issue of intergenerational equity—consumption now creates costs for future generations. However, radical mitigation now would reverse the problem, creating immediate costs for current generations, while the benefits would be primarily for future ones. This is a policy problem, as persuading those living now to bear the cost of changes whose benefits will mostly accrue after their deaths is politically difficult. The policy challenge is then how to temporally match costs to benefits, either by deferring mitigation costs, or by speeding up climatic benefits. Geoengineering may provide some help here, as it might enable climate change to be slowed more immediately, at a lower upfront cost, and allow a greater share of the mitigation and adaptation burden to be passed on to those in the future who will benefit most.
{"title":"Climate Change and Reversed Intergenerational Equity: the Problem of Costs Now, for Benefits Later","authors":"Gareth Davies","doi":"10.1163/18786561-10030002","DOIUrl":"https://doi.org/10.1163/18786561-10030002","url":null,"abstract":"\u0000Climate change is often seen as an issue of intergenerational equity—consumption now creates costs for future generations. However, radical mitigation now would reverse the problem, creating immediate costs for current generations, while the benefits would be primarily for future ones. This is a policy problem, as persuading those living now to bear the cost of changes whose benefits will mostly accrue after their deaths is politically difficult. The policy challenge is then how to temporally match costs to benefits, either by deferring mitigation costs, or by speeding up climatic benefits. Geoengineering may provide some help here, as it might enable climate change to be slowed more immediately, at a lower upfront cost, and allow a greater share of the mitigation and adaptation burden to be passed on to those in the future who will benefit most.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-10030002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43923576","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 : 2020-11-18DOI: 10.1163/18786561-10030001
Joshua D. Sarnoff
Governmental and particularly private funding has recently and dramatically expanded for both beccs and dac technologies. This funding and the associated research, development, and deployment efforts will generate intellectual property rights, particularly patent rights in nets. As with access to medicines, the COVID-19 pandemic has highlighted concerns that patent rights may incentivize RD&D at the cost of affordable access to the relevant technologies. Further, access may be restricted to particular countries based on sovereignty concerns to seek preferential supply agreements through up-front funding. As a result, nations will likely turn to controversial ex-post measures, such as compulsory licensing, to assure access and to control prices of the needed technologies. The same concerns with patent rights likely will affect RD&D of nets. Although international ex-ante measures exist (such as patent pools) which would help to minimize these concerns, such measures may not induce the requisite voluntary contributions, or may fail to materialize due to political disagreements. Focusing on both US law and international developments, this article proposes various ex-ante measures that can be adopted by national governments and private funders to minimize the likely forthcoming worldwide conflicts that will arise over balancing innovation incentives for, and affordable access to, patented nets.
{"title":"Negative-Emission Technologies and Patent Rights after COVID-19","authors":"Joshua D. Sarnoff","doi":"10.1163/18786561-10030001","DOIUrl":"https://doi.org/10.1163/18786561-10030001","url":null,"abstract":"\u0000Governmental and particularly private funding has recently and dramatically expanded for both beccs and dac technologies. This funding and the associated research, development, and deployment efforts will generate intellectual property rights, particularly patent rights in nets. As with access to medicines, the COVID-19 pandemic has highlighted concerns that patent rights may incentivize RD&D at the cost of affordable access to the relevant technologies. Further, access may be restricted to particular countries based on sovereignty concerns to seek preferential supply agreements through up-front funding. As a result, nations will likely turn to controversial ex-post measures, such as compulsory licensing, to assure access and to control prices of the needed technologies. The same concerns with patent rights likely will affect RD&D of nets. Although international ex-ante measures exist (such as patent pools) which would help to minimize these concerns, such measures may not induce the requisite voluntary contributions, or may fail to materialize due to political disagreements. Focusing on both US law and international developments, this article proposes various ex-ante measures that can be adopted by national governments and private funders to minimize the likely forthcoming worldwide conflicts that will arise over balancing innovation incentives for, and affordable access to, patented nets.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41708073","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 : 2020-11-18DOI: 10.1163/18786561-10030005
Haomiao Du
{"title":"Jesse L. Reynolds, The Governance of Solar Geoengineering: Managing Climate Change in the Anthropocene","authors":"Haomiao Du","doi":"10.1163/18786561-10030005","DOIUrl":"https://doi.org/10.1163/18786561-10030005","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"10 1","pages":"335-339"},"PeriodicalIF":1.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46377370","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 : 2020-09-22DOI: 10.1163/18786561-10030003
D. Shapovalova
The Arctic is both a place disproportionately affected by climate change and a place that has been, and continues to be, subject to large-scale oil-and-gas development. Production and subsequent combustion of these resources would compromise the treaty-established target of keeping global warming ‘well below’ 2°C. The global regulatory efforts on climate change are centred on greenhouse gas emissions from fossil-fuel consumption, almost ignoring the supply side. In the absence of universal and strict emission-reduction targets, petroleum exports and carbon leakage jeopardize the effectiveness of the climate change regime. Through the examination of treaties and national practice, this paper argues for the establishment of accountability for the production of Arctic petroleum in light of climate change.
{"title":"Arctic Petroleum and the 2°C Goal: a Case for Accountability for Fossil-Fuel Supply","authors":"D. Shapovalova","doi":"10.1163/18786561-10030003","DOIUrl":"https://doi.org/10.1163/18786561-10030003","url":null,"abstract":"\u0000The Arctic is both a place disproportionately affected by climate change and a place that has been, and continues to be, subject to large-scale oil-and-gas development. Production and subsequent combustion of these resources would compromise the treaty-established target of keeping global warming ‘well below’ 2°C. The global regulatory efforts on climate change are centred on greenhouse gas emissions from fossil-fuel consumption, almost ignoring the supply side. In the absence of universal and strict emission-reduction targets, petroleum exports and carbon leakage jeopardize the effectiveness of the climate change regime. Through the examination of treaties and national practice, this paper argues for the establishment of accountability for the production of Arctic petroleum in light of climate change.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48597715","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 : 2020-06-26DOI: 10.1163/18786561-01002003
A. Kodolova, A. Solntsev
The Russian Federation is the fourth largest producer of greenhouse gas emissions in the world. The article is a study of how these emissions are monitored in Russia. In the framework of the polluter-pays principle (ppp), the current Russian legislation on pollutants provides for payment only for methane emissions. No payments are established for any of the other greenhouse gases. The authors conclude that, at present, Russian legislation does not regulate action against climate change, although many political and legal documents are being adopted aimed at adapting to the effects of climate change. A draft statute “On State Regulation of Greenhouse Gas Emissions and Absorption and on Amendments to Certain Legislative Acts of the Russian Federation” is analysed. Despite the fact that this draft law is strongly opposed by the affected industries, the authors conclude that the adoption of this law and the creation of a targeted national climate fund will contribute to the implementation of the ppp in Russia for the purpose of combating climate change.
{"title":"Application of the Polluter-pays Principle in Russian Legislation on Climate Change: Problems and Prospects","authors":"A. Kodolova, A. Solntsev","doi":"10.1163/18786561-01002003","DOIUrl":"https://doi.org/10.1163/18786561-01002003","url":null,"abstract":"The Russian Federation is the fourth largest producer of greenhouse gas emissions in the world. The article is a study of how these emissions are monitored in Russia. In the framework of the polluter-pays principle (ppp), the current Russian legislation on pollutants provides for payment only for methane emissions. No payments are established for any of the other greenhouse gases. The authors conclude that, at present, Russian legislation does not regulate action against climate change, although many political and legal documents are being adopted aimed at adapting to the effects of climate change. A draft statute “On State Regulation of Greenhouse Gas Emissions and Absorption and on Amendments to Certain Legislative Acts of the Russian Federation” is analysed. Despite the fact that this draft law is strongly opposed by the affected industries, the authors conclude that the adoption of this law and the creation of a targeted national climate fund will contribute to the implementation of the ppp in Russia for the purpose of combating climate change.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"10 1","pages":"197-210"},"PeriodicalIF":1.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-01002003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48418075","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 : 2020-06-26DOI: 10.1163/18786561-01002002
R. Weber, Andreas Hösli
Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted to climate-change-related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors expected to consider climate-change-related risks in their decision making? If yes, to what extent? The issue has received considerable attention from commentators in relation to common law jurisdictions, but so far it has been less discussed in relation to civil law countries. This article attempts to contribute to filling this gap by presenting a comparative analysis, with a main focus on claims based on corporate and securities law.
{"title":"Climate Change Liability: Comparing Risks for Directors in Jurisdictions of the Common and Civil Law","authors":"R. Weber, Andreas Hösli","doi":"10.1163/18786561-01002002","DOIUrl":"https://doi.org/10.1163/18786561-01002002","url":null,"abstract":"Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted to climate-change-related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors expected to consider climate-change-related risks in their decision making? If yes, to what extent? The issue has received considerable attention from commentators in relation to common law jurisdictions, but so far it has been less discussed in relation to civil law countries. This article attempts to contribute to filling this gap by presenting a comparative analysis, with a main focus on claims based on corporate and securities law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-01002002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44577154","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 : 2020-06-26DOI: 10.1163/18786561-01002004
M. Broberg
With the 2015 Paris Agreement, ‘loss and damage’ (L&D) was introduced into the unfccc treaty framework as a new, third substantive area of climate change law. Both before and after its adoption, this new area has been subject to much contention—and this is reflected in a high degree of uncertainty surrounding its interpretation. This article examines the definition of L&D and the types of impact covered by the notion. It also examines the relationship of L&D with mitigation and adaptation, as well as the instruments that are covered by it. Finally, the article considers the controversial issue of who can invoke L&D—and against whom.
{"title":"State of Climate Law∵The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement","authors":"M. Broberg","doi":"10.1163/18786561-01002004","DOIUrl":"https://doi.org/10.1163/18786561-01002004","url":null,"abstract":"With the 2015 Paris Agreement, ‘loss and damage’ (L&D) was introduced into the unfccc treaty framework as a new, third substantive area of climate change law. Both before and after its adoption, this new area has been subject to much contention—and this is reflected in a high degree of uncertainty surrounding its interpretation. This article examines the definition of L&D and the types of impact covered by the notion. It also examines the relationship of L&D with mitigation and adaptation, as well as the instruments that are covered by it. Finally, the article considers the controversial issue of who can invoke L&D—and against whom.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-01002004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49410603","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 : 2020-06-26DOI: 10.1163/18786561-01002001
Phillipa C. McCormack, J. McDonald, K. Brent
Climate change is a fundamental threat to biodiversity. Climate mitigation in general, and Negative-Emission Technologies ( net s) in particular, have the potential to benefit biodiversity by reducing climate impacts. Domestic laws could help to ensure that net s have benefits for biodiversity adaptation to climate change (e.g. reducing land clearing and habitat loss and facilitating habitat restoration, corridors for species’ migration, and broader ecological resilience). Domestic laws will also need to govern trade-offs between net s and biodiversity adaptation (e.g. increased competition for land and landscape-scale fragmentation by new industrial developments and linear infrastructure). We argue that domestic laws should be used to maximize the benefits of net s while minimizing trade-offs for biodiversity. These laws should ensure that trade-offs are, at the very least, explicit and transparent, both in terms of their implications for current biodiversity and in the context of an acceleration of climate-driven biodiversity decline.
{"title":"Governance of Land-based Negative-emission Technologies to Promote Biodiversity Conservation: Lessons from Australia","authors":"Phillipa C. McCormack, J. McDonald, K. Brent","doi":"10.1163/18786561-01002001","DOIUrl":"https://doi.org/10.1163/18786561-01002001","url":null,"abstract":"Climate change is a fundamental threat to biodiversity. Climate mitigation in general, and Negative-Emission Technologies ( net s) in particular, have the potential to benefit biodiversity by reducing climate impacts. Domestic laws could help to ensure that net s have benefits for biodiversity adaptation to climate change (e.g. reducing land clearing and habitat loss and facilitating habitat restoration, corridors for species’ migration, and broader ecological resilience). Domestic laws will also need to govern trade-offs between net s and biodiversity adaptation (e.g. increased competition for land and landscape-scale fragmentation by new industrial developments and linear infrastructure). We argue that domestic laws should be used to maximize the benefits of net s while minimizing trade-offs for biodiversity. These laws should ensure that trade-offs are, at the very least, explicit and transparent, both in terms of their implications for current biodiversity and in the context of an acceleration of climate-driven biodiversity decline.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"10 1","pages":"123-150"},"PeriodicalIF":1.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-01002001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47114860","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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