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":null,"pages":null},"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: 10.1163/18786561-00803009
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":null,"pages":null},"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: 10.1163/18786561-00803008
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":null,"pages":null},"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":null,"pages":null},"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}
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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704002","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}
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