Pub Date : 2018-10-31DOI: 10.1163/18786561-00803013
Joshua Prentice
The EU ETS is the cornerstone of the European Union’s climate policy. The EU ETS will play a decisive role in the European Union plan to meet its commitments under the Paris Agreement. In November 2017, following more than two years of negotiations, EU member states and the European Parliament reached a final agreement on the revision of the EU ETS for the period 2021–2030. The final agreement struck an important, ambitious balance on a number of measures designed to ensure that the EU ETS achieves its legislative aims of promoting emission reductions in a cost-effective manner. The negotiations also provide a number of policy lessons for future negotiations relating to the role of EU institutions and the rules for free allocation which will be important for the EU ETS to meet its legislative objectives. 1
{"title":"The Revision of the European Union’s Emissions Trading System Ahead of the Fourth Trading Period, 2021–2030","authors":"Joshua Prentice","doi":"10.1163/18786561-00803013","DOIUrl":"https://doi.org/10.1163/18786561-00803013","url":null,"abstract":"The EU ETS is the cornerstone of the European Union’s climate policy. The EU ETS will play a decisive role in the European Union plan to meet its commitments under the Paris Agreement. In November 2017, following more than two years of negotiations, EU member states and the European Parliament reached a final agreement on the revision of the EU ETS for the period 2021–2030. The final agreement struck an important, ambitious balance on a number of measures designed to ensure that the EU ETS achieves its legislative aims of promoting emission reductions in a cost-effective manner. The negotiations also provide a number of policy lessons for future negotiations relating to the role of EU institutions and the rules for free allocation which will be important for the EU ETS to meet its legislative objectives.\u00001\u0000\u0000","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47061976","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 : 2018-10-31DOI: 10.1163/18786561-00803001
R. Mitchell
Climate law has become a vibrant legal field, offering scholars and practitioners increasingly deep analyses of what climate law is, how it is changing, what is driving those changes, and what those changes mean at the international, national, and local level. The field has elaborated and debated numerous climate-specific issues, including geoengineering, adaptation, and loss and damage. Scholars also have analysed the application of broad legal principles to the climate realm and have examined the intersection of climate law with other disciplines, especially economics and political science. I review these important accomplishments and then argue that the field could build on them in two ways. First, many opportunities exist to incorporate insights from economics, political science, and other disciplines, increasing the range of perspectives reflected in our understanding of how climate law works and how it might be improved. Second, opportunities exist for climate law to learn more from experience with other realms of environmental and non-environmental law as well as with other forms of governance. Pursuing both types of opportunities can foster the field’s continuing development.
{"title":"Climate Law: Accomplishments and Areas for Growth","authors":"R. Mitchell","doi":"10.1163/18786561-00803001","DOIUrl":"https://doi.org/10.1163/18786561-00803001","url":null,"abstract":"Climate law has become a vibrant legal field, offering scholars and practitioners increasingly deep analyses of what climate law is, how it is changing, what is driving those changes, and what those changes mean at the international, national, and local level. The field has elaborated and debated numerous climate-specific issues, including geoengineering, adaptation, and loss and damage. Scholars also have analysed the application of broad legal principles to the climate realm and have examined the intersection of climate law with other disciplines, especially economics and political science. I review these important accomplishments and then argue that the field could build on them in two ways. First, many opportunities exist to incorporate insights from economics, political science, and other disciplines, increasing the range of perspectives reflected in our understanding of how climate law works and how it might be improved. Second, opportunities exist for climate law to learn more from experience with other realms of environmental and non-environmental law as well as with other forms of governance. Pursuing both types of opportunities can foster the field’s continuing development.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49086496","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 : 2018-10-31DOI: 10.1163/18786561-00803006
Anna Huggins
The UN climate regime is a domain of international environmental law (IEL) that has developed in distinctive ways. Applying insights from the work of Michel Callon, climate change is a ‘hot’ situation characterized by ongoing controversy, making it difficult to develop stable and sustainable legal frameworks to manage this state of flux. Building on Elizabeth Fisher’s work positing that environmental law has qualities of ‘hot’ law, this article argues that, in the context of the UN climate regime, the ‘hot’ nature of climate law is compounded by the geopolitical tensions among states in IEL, particularly the deep fault lines between developed and developing states. The novel legal and regulatory solutions that have been experimented with to address issues of differential treatment reflect attempts to manage and contain these ongoing controversies. The UN climate regime yields insights into the promises and pitfalls of designing international legal frameworks to respond to highly contested and divisive issues in a context in which states create, implement, and enforce legal rules.
{"title":"The Evolution of Differential Treatment in International Climate Law: Innovation, Experimentation, and ‘Hot’ Law","authors":"Anna Huggins","doi":"10.1163/18786561-00803006","DOIUrl":"https://doi.org/10.1163/18786561-00803006","url":null,"abstract":"The UN climate regime is a domain of international environmental law (IEL) that has developed in distinctive ways. Applying insights from the work of Michel Callon, climate change is a ‘hot’ situation characterized by ongoing controversy, making it difficult to develop stable and sustainable legal frameworks to manage this state of flux. Building on Elizabeth Fisher’s work positing that environmental law has qualities of ‘hot’ law, this article argues that, in the context of the UN climate regime, the ‘hot’ nature of climate law is compounded by the geopolitical tensions among states in IEL, particularly the deep fault lines between developed and developing states. The novel legal and regulatory solutions that have been experimented with to address issues of differential treatment reflect attempts to manage and contain these ongoing controversies. The UN climate regime yields insights into the promises and pitfalls of designing international legal frameworks to respond to highly contested and divisive issues in a context in which states create, implement, and enforce legal rules.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47500318","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 : 2018-10-31DOI: 10.1163/18786561-00803014
Seita Romppanen
{"title":"International Climate Change Law, by Daniel Bodansky, Jutta Brunnée, and Lavanya Rajamani and Essential EU Climate Law, edited by Edwin Woerdman, Martha Roggenkamp, and Marijn Holwerda","authors":"Seita Romppanen","doi":"10.1163/18786561-00803014","DOIUrl":"https://doi.org/10.1163/18786561-00803014","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49038770","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 : 2018-10-31DOI: 10.1163/18786561-00803004
D. Driesen
While the law of climate disruption constitutes a field of positivist study, the normative legal theory of climate disruption remains poorly understood. Many scholars treat climate-disruption law as another branch of neoclassical law and economics. This article argues that this approach does not fit climate law well and proposes an economic dynamic theory that provides a broad and useful framework for thinking about climate-disruption law and many other fields of law.
{"title":"The Economic Dynamics of Climate Disruption and the Need for a Better Legal Theory","authors":"D. Driesen","doi":"10.1163/18786561-00803004","DOIUrl":"https://doi.org/10.1163/18786561-00803004","url":null,"abstract":"While the law of climate disruption constitutes a field of positivist study, the normative legal theory of climate disruption remains poorly understood. Many scholars treat climate-disruption law as another branch of neoclassical law and economics. This article argues that this approach does not fit climate law well and proposes an economic dynamic theory that provides a broad and useful framework for thinking about climate-disruption law and many other fields of law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45980796","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 : 2018-10-31DOI: 10.1163/18786561-00803009
A. Zahar
Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).
{"title":"The Contested Core of Climate Law","authors":"A. Zahar","doi":"10.1163/18786561-00803009","DOIUrl":"https://doi.org/10.1163/18786561-00803009","url":null,"abstract":"Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45686409","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 : 2018-10-31DOI: 10.1163/18786561-00803011
B. Richardson
Climate change has multifaceted aesthetic dimensions of legal significance. Global warming alters the aesthetic properties of nature, and further aesthetic changes are precipitated by climate mitigation and adaptation responses of impacted societies. The social and political struggles to influence climate change law are also influenced by aesthetics, as environmental activists and artists collaborate to influence public opinion, while conversely the business sector through its marketing and other aesthetic communications tries to persuade consumers of its climate-friendly practices to forestall serious action on global warming. This article distils and analyses these patterns in forging a novel account of the role of aesthetics in climate change law and policy, and it makes conclusions on how this field of law should consider aesthetic values through ‘curatorial’ guidance.
{"title":"Climate Change Law: Encounters with Aesthetics and Art","authors":"B. Richardson","doi":"10.1163/18786561-00803011","DOIUrl":"https://doi.org/10.1163/18786561-00803011","url":null,"abstract":"Climate change has multifaceted aesthetic dimensions of legal significance. Global warming alters the aesthetic properties of nature, and further aesthetic changes are precipitated by climate mitigation and adaptation responses of impacted societies. The social and political struggles to influence climate change law are also influenced by aesthetics, as environmental activists and artists collaborate to influence public opinion, while conversely the business sector through its marketing and other aesthetic communications tries to persuade consumers of its climate-friendly practices to forestall serious action on global warming. This article distils and analyses these patterns in forging a novel account of the role of aesthetics in climate change law and policy, and it makes conclusions on how this field of law should consider aesthetic values through ‘curatorial’ guidance.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49239930","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 : 2018-10-31DOI: 10.1163/18786561-00803008
C. Carlarne, Mohamed Helal
As international climate change law approaches its third decade of existence, the field continues to evolve and prove resilient in the face of daunting political, technical, and economic challenges. Moving forward with efforts to structure effective responses to climate change requires scholars and policymakers to engage with the reality that international cooperation on climate change continues to lag. Early efforts to address climate change presumed the existence of an international community that would facilitate the level of cooperation needed to structure effective solutions to a massive and complex collective-action problem. This vision of the international community, however, is an illusion the reliance on which may hamper efforts to think critically about how to address the causes and consequences of climate change. Here, we deconstruct the idea of a cooperative, international community as an operative basis for international climate change law, with the hope of facilitating increasingly open conversation around effective and sustainable modes of cooperation in the future.
{"title":"A Conversation about Climate Change Law and the ‘International Community’","authors":"C. Carlarne, Mohamed Helal","doi":"10.1163/18786561-00803008","DOIUrl":"https://doi.org/10.1163/18786561-00803008","url":null,"abstract":"As international climate change law approaches its third decade of existence, the field continues to evolve and prove resilient in the face of daunting political, technical, and economic challenges. Moving forward with efforts to structure effective responses to climate change requires scholars and policymakers to engage with the reality that international cooperation on climate change continues to lag. Early efforts to address climate change presumed the existence of an international community that would facilitate the level of cooperation needed to structure effective solutions to a massive and complex collective-action problem. This vision of the international community, however, is an illusion the reliance on which may hamper efforts to think critically about how to address the causes and consequences of climate change. Here, we deconstruct the idea of a cooperative, international community as an operative basis for international climate change law, with the hope of facilitating increasingly open conversation around effective and sustainable modes of cooperation in the future.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47341610","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 : 2018-10-01DOI: 10.1163/18786561-00803015
Samvel Varvaštian
{"title":"Additional Remarks on International Climate Change Law, by Bodansky et al.","authors":"Samvel Varvaštian","doi":"10.1163/18786561-00803015","DOIUrl":"https://doi.org/10.1163/18786561-00803015","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803015","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49506386","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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