Pub Date : 2018-04-19DOI: 10.1163/18786561-00801004
C. Lyle
Pursuant to a referral by the UNFCCC through the Kyoto Protocol, the International Civil Aviation Organization ( ICAO ) has developed a ‘basket’ of emission-mitigation measures for international aviation. Technical and operational measures proved inadequate to counter traffic growth, and finally, in October 2016, the ICAO adopted a framework for a market-based measure. The Carbon Offset and Reduction Scheme for International Aviation ( CORSIA ) is the primary emission-mitigation tool for international aviation. It aims at ‘carbon-neutral growth’ ( CNG ) from 2020 onward. Yet, even with an increased use of alternative fuels and comprehensive implementation of CORSIA , the ICAO ’s basket of measures will not produce a reduction in global aviation emissions. This article describes the legal and governance framework and the implementation process of CORSIA , assesses the scheme’s potential contribution to climate-change mitigation, and proposes a derivative but more ambitious strategy. This would include incorporation of international aviation emissions in the NDC s of parties to the Paris Agreement and a more direct role for the UNFCCC in determining eligibility of emission units and alternative fuels, with the ICAO remaining accountable for monitoring, reporting and verification. 1
{"title":"Beyond the icao’s corsia: Towards a More Climatically Effective Strategy for Mitigation of Civil-Aviation Emissions","authors":"C. Lyle","doi":"10.1163/18786561-00801004","DOIUrl":"https://doi.org/10.1163/18786561-00801004","url":null,"abstract":"Pursuant to a referral by the UNFCCC through the Kyoto Protocol, the International Civil Aviation Organization ( ICAO ) has developed a ‘basket’ of emission-mitigation measures for international aviation. Technical and operational measures proved inadequate to counter traffic growth, and finally, in October 2016, the ICAO adopted a framework for a market-based measure. The Carbon Offset and Reduction Scheme for International Aviation ( CORSIA ) is the primary emission-mitigation tool for international aviation. It aims at ‘carbon-neutral growth’ ( CNG ) from 2020 onward. Yet, even with an increased use of alternative fuels and comprehensive implementation of CORSIA , the ICAO ’s basket of measures will not produce a reduction in global aviation emissions. This article describes the legal and governance framework and the implementation process of CORSIA , assesses the scheme’s potential contribution to climate-change mitigation, and proposes a derivative but more ambitious strategy. This would include incorporation of international aviation emissions in the NDC s of parties to the Paris Agreement and a more direct role for the UNFCCC in determining eligibility of emission units and alternative fuels, with the ICAO remaining accountable for monitoring, reporting and verification. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"104-127"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46167632","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 : 2018-04-19DOI: 10.1163/18786561-00801003
Jeffrey J. Smith, M. Ahmad
Global aviation and shipping offer important lessons for the regulation of air pollution and greenhouse gas emissions. In a relatively short period, each industry has, through international organizations, achieved seemingly effective, universally adopted rules. This article explores the historical development and prospects for air-pollution regulation by examining and comparing state delegation of rule making to the International Civil Aviation Organization and the International Maritime Organization. It is argued that the success experienced in the regulation of the two industries’ air emissions would not have been accomplished without their multilateral organizations. That is because of the complexity of technical regulation and a lack of capacity in many states to design and implement regulations. The article examines the development of now-comprehensive air-pollution regulation by the two organizations. The lessons for regulatory design are canvassed, including for relevance to greenhouse-gas control and the emerging framework of global atmospheric protection. The question of how to assess the effectiveness of the regulation is considered in an effort to understand how progress in the two industries might be sustained. Improved regulation, it is concluded, will depend on the two governing regimes adopting measures from each other and ensuring that they are included in an emerging global atmospheric governance framework.
{"title":"Globalization’s Vehicle: The Evolution and Future of Emission Regulation in the icao and imo in Comparative Assessment","authors":"Jeffrey J. Smith, M. Ahmad","doi":"10.1163/18786561-00801003","DOIUrl":"https://doi.org/10.1163/18786561-00801003","url":null,"abstract":"Global aviation and shipping offer important lessons for the regulation of air pollution and greenhouse gas emissions. In a relatively short period, each industry has, through international organizations, achieved seemingly effective, universally adopted rules. This article explores the historical development and prospects for air-pollution regulation by examining and comparing state delegation of rule making to the International Civil Aviation Organization and the International Maritime Organization. It is argued that the success experienced in the regulation of the two industries’ air emissions would not have been accomplished without their multilateral organizations. That is because of the complexity of technical regulation and a lack of capacity in many states to design and implement regulations. The article examines the development of now-comprehensive air-pollution regulation by the two organizations. The lessons for regulatory design are canvassed, including for relevance to greenhouse-gas control and the emerging framework of global atmospheric protection. The question of how to assess the effectiveness of the regulation is considered in an effort to understand how progress in the two industries might be sustained. Improved regulation, it is concluded, will depend on the two governing regimes adopting measures from each other and ensuring that they are included in an emerging global atmospheric governance framework.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"70-103"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41913189","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 : 2018-04-19DOI: 10.1163/18786561-00801005
B. Mayer
{"title":"The Paris Agreement on Climate Change: Analysis and Commentary, edited by Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer, and Andrew Higham","authors":"B. Mayer","doi":"10.1163/18786561-00801005","DOIUrl":"https://doi.org/10.1163/18786561-00801005","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"129-132"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49245136","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 : 2018-04-19DOI: 10.1163/18786561-00801002
S. Oberthür, E. Northrop
The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other MEA s. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion. 1
{"title":"Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement","authors":"S. Oberthür, E. Northrop","doi":"10.1163/18786561-00801002","DOIUrl":"https://doi.org/10.1163/18786561-00801002","url":null,"abstract":"The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other MEA s. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"39-69"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43404984","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 : 2018-04-19DOI: 10.1163/18786561-00801001
Christopher Campbell-Duruflé
This article provides an analysis of progress regarding the modalities and procedures for the Paris Agreement’s Implementation and Compliance Committee up to COP 23. I use the perspective of legal accountability to address three points of long-lasting divergence between parties: whether the Committee will be tasked to require parties to justify their performance by making specific reference to applicable legal standards; the contentious question of mandating the Committee to assess the progress of parties on the achievement of their NDC targets; and the involved party’s degree of control over the measures adopted. I conclude that a richer approach to accountability calls for granting a substantive role to practices of legal justification, assessment, and consequences within the modalities for the Committee in all three cases. Subject to political acceptance, such a mandate has the potential to foster parties’ sense of trust, reciprocity, and legal obligation toward one another. 1
{"title":"Accountability or Accounting? Elaboration of the Paris Agreement’s Implementation and Compliance Committee at cop 23","authors":"Christopher Campbell-Duruflé","doi":"10.1163/18786561-00801001","DOIUrl":"https://doi.org/10.1163/18786561-00801001","url":null,"abstract":"This article provides an analysis of progress regarding the modalities and procedures for the Paris Agreement’s Implementation and Compliance Committee up to COP 23. I use the perspective of legal accountability to address three points of long-lasting divergence between parties: whether the Committee will be tasked to require parties to justify their performance by making specific reference to applicable legal standards; the contentious question of mandating the Committee to assess the progress of parties on the achievement of their NDC targets; and the involved party’s degree of control over the measures adopted. I conclude that a richer approach to accountability calls for granting a substantive role to practices of legal justification, assessment, and consequences within the modalities for the Committee in all three cases. Subject to political acceptance, such a mandate has the potential to foster parties’ sense of trust, reciprocity, and legal obligation toward one another. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"1-38"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44770255","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: 10.1163/18786561-00704002
K. Wyman
Although the current political climate in the United States is not especially receptive to welcoming displaced persons, the country has a history of oscillating between greater and lesser openness to immigration. This article seeks to establish that there are meaningful options for the United States to provide a refuge for climate migrants under existing US immigration law, contrary to suggestions in the literature that legislative change would be necessary for the country to provide a safe haven for such migrants. The article highlights three legal options that the United States could use to assist climate migrants from other countries under existing domestic law. In addition, it identifies recent precedents in the use of these options that could be helpful in adapting them to assist climate migrants.
{"title":"United States’ Options for Receiving Cross-Border Climate Migrants","authors":"K. Wyman","doi":"10.1163/18786561-00704002","DOIUrl":"https://doi.org/10.1163/18786561-00704002","url":null,"abstract":"Although the current political climate in the United States is not especially receptive to welcoming displaced persons, the country has a history of oscillating between greater and lesser openness to immigration. This article seeks to establish that there are meaningful options for the United States to provide a refuge for climate migrants under existing US immigration law, contrary to suggestions in the literature that legislative change would be necessary for the country to provide a safe haven for such migrants. The article highlights three legal options that the United States could use to assist climate migrants from other countries under existing domestic law. In addition, it identifies recent precedents in the use of these options that could be helpful in adapting them to assist climate migrants.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"7 1","pages":"232-258"},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45032393","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: 10.1163/18786561-00704003
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":"7 1","pages":"259-289"},"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":"35 2","pages":"322-346"},"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":"7 1","pages":"290-321"},"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":"7 1","pages":"227-231"},"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}
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