Pub Date : 2021-06-29DOI: 10.1163/18719732-12341466
V. Lanovoy, Sally O’Donnell
This article examines the challenges that climate change and sea-level rise pose to certain key aspects of the law of the sea. Sea-level rise is likely to impact maritime baselines, the qualification of maritime features and the entitlements they generate, and ultimately the stability of maritime boundaries, which are critical for the peaceful co-existence of sovereign States. This article examines whether some of the relevant provisions of the United Nations Convention on the Law of the Sea can accommodate a liberal interpretation so as to provide some, even if incomplete, answers to the challenges posed by sea-level rise to the law of the sea regime. It is argued that the legal fiction of permanency that underpins key elements of this legal regime, and thus ignores future physical changes to coastlines, is the most appropriate temporary solution, unless and until new rules are agreed by States to deal comprehensively with sea-level rise.
{"title":"Climate Change and Sea-Level Rise","authors":"V. Lanovoy, Sally O’Donnell","doi":"10.1163/18719732-12341466","DOIUrl":"https://doi.org/10.1163/18719732-12341466","url":null,"abstract":"\u0000This article examines the challenges that climate change and sea-level rise pose to certain key aspects of the law of the sea. Sea-level rise is likely to impact maritime baselines, the qualification of maritime features and the entitlements they generate, and ultimately the stability of maritime boundaries, which are critical for the peaceful co-existence of sovereign States. This article examines whether some of the relevant provisions of the United Nations Convention on the Law of the Sea can accommodate a liberal interpretation so as to provide some, even if incomplete, answers to the challenges posed by sea-level rise to the law of the sea regime. It is argued that the legal fiction of permanency that underpins key elements of this legal regime, and thus ignores future physical changes to coastlines, is the most appropriate temporary solution, unless and until new rules are agreed by States to deal comprehensively with sea-level rise.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75188279","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 : 2021-06-29DOI: 10.1163/18719732-12341468
Karolina Mordasewicz, M. Kowalczyk
This article addresses the legal aspects of the financing of adaptation to climate change, with special consideration given to one of the climate funds – the Adaptation Fund (AF). In the complex structure of climate finance, the AF attracts attention as it differs from other funds in several aspects. As an exception from other United Nations (UNs) climate funds, AF has not been recognised as an operating entity of the Financial Mechanism of the Convention. AF is also an unprecedented example under the Convention of a fund serving in parallel two decision-making bodies (CMP and CMA) under two agreements (Kyoto Protocol and Paris Agreement) ratified by non-overlapping sets of parties; with a Fund Board elected by both bodies collectively. AFs funding source is specific, it was designed to be financed from shares of the proceeds of sales of certified emission reduction units (CERs) generated by Clean Development Mechanism (CDM) projects but since 2012 there is a limited possibility of offsetting the emissions with CERs under the EU emissions trading system (ETS). For several years Parties were unable to agree the operating principles and procedures of a new mechanism established in article 6(4) of the Paris Agreement, which will resemble CDM, and would constitute a source of funding for the AF. Once this source of funding is available, the AF would cease to serve the Kyoto Protocol. Despite the above problems, AF was seen as a good example of how future climate funding can be designed. We examine the evolution of the above legal problems, including the most recent decisions and conclusions adopted during Conference of Parties (COP)25 in Madrid.
{"title":"Legal Aspects of Adaptation Finance under the UNFCCC Regime with Special Reference to the Adaptation Fund","authors":"Karolina Mordasewicz, M. Kowalczyk","doi":"10.1163/18719732-12341468","DOIUrl":"https://doi.org/10.1163/18719732-12341468","url":null,"abstract":"\u0000This article addresses the legal aspects of the financing of adaptation to climate change, with special consideration given to one of the climate funds – the Adaptation Fund (AF). In the complex structure of climate finance, the AF attracts attention as it differs from other funds in several aspects. As an exception from other United Nations (UNs) climate funds, AF has not been recognised as an operating entity of the Financial Mechanism of the Convention. AF is also an unprecedented example under the Convention of a fund serving in parallel two decision-making bodies (CMP and CMA) under two agreements (Kyoto Protocol and Paris Agreement) ratified by non-overlapping sets of parties; with a Fund Board elected by both bodies collectively. AFs funding source is specific, it was designed to be financed from shares of the proceeds of sales of certified emission reduction units (CERs) generated by Clean Development Mechanism (CDM) projects but since 2012 there is a limited possibility of offsetting the emissions with CERs under the EU emissions trading system (ETS). For several years Parties were unable to agree the operating principles and procedures of a new mechanism established in article 6(4) of the Paris Agreement, which will resemble CDM, and would constitute a source of funding for the AF. Once this source of funding is available, the AF would cease to serve the Kyoto Protocol. Despite the above problems, AF was seen as a good example of how future climate funding can be designed. We examine the evolution of the above legal problems, including the most recent decisions and conclusions adopted during Conference of Parties (COP)25 in Madrid.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"120 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77443381","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 : 2021-06-29DOI: 10.1163/18719732-12341474
D. Pyć
This paper addresses the importance of the implementation and enforcement of the energy efficiency measures for ships. These measures are frequently referred to and used as a tool for carbon mitigation by reducing greenhouse gas emissions from ships in order to protect the Earth’s climate. Moreover, these measures can also play an important role in climate adaptation. The purpose of this paper is to look briefly at the current and expected impact of the ships’ energy efficiency measures developed under auspices of the International Maritime Organization, i.e.: the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) on climate change mitigation. Both of them, EEDI and SEEMP became mandatory measures after the adoption of amendments to the Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), and their entry into force in 2013. Furthermore, those measures were also the first legally binding tools relating to climate change, adopted since the Kyoto Protocol.
{"title":"Ship Energy Efficiency Measures and Climate Protection","authors":"D. Pyć","doi":"10.1163/18719732-12341474","DOIUrl":"https://doi.org/10.1163/18719732-12341474","url":null,"abstract":"\u0000This paper addresses the importance of the implementation and enforcement of the energy efficiency measures for ships. These measures are frequently referred to and used as a tool for carbon mitigation by reducing greenhouse gas emissions from ships in order to protect the Earth’s climate. Moreover, these measures can also play an important role in climate adaptation. The purpose of this paper is to look briefly at the current and expected impact of the ships’ energy efficiency measures developed under auspices of the International Maritime Organization, i.e.: the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) on climate change mitigation. Both of them, EEDI and SEEMP became mandatory measures after the adoption of amendments to the Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), and their entry into force in 2013. Furthermore, those measures were also the first legally binding tools relating to climate change, adopted since the Kyoto Protocol.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"29 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91254136","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 : 2021-06-29DOI: 10.1163/18719732-12341472
Stefania Negri
Climate change is considered potentially the greatest threat to global health in the 21st century due to its direct and indirect adverse impacts on human health and its environmental determinants. Synergies between international regimes regulating climate change and human rights protection can provide the appropriate legal tools to hold States responsible for their contribution to climate change, notably in terms of failure to adopt effective and appropriate measures of mitigation and adaptation capable of preventing climate-induced health risks. In this respect, recent trends in international practice suggest that the right to health argument has the potential to play a pivotal role in climate litigation before international courts and human rights bodies, which are increasingly called to adjudge complaints filed by youth petitioners fighting for global climate change action.
{"title":"Climate Change and Global Health: Exploring Regime Interaction and the Role of the Right to Health Argument in International Climate Litigation","authors":"Stefania Negri","doi":"10.1163/18719732-12341472","DOIUrl":"https://doi.org/10.1163/18719732-12341472","url":null,"abstract":"<p>Climate change is considered potentially the greatest threat to global health in the 21st century due to its direct and indirect adverse impacts on human health and its environmental determinants. Synergies between international regimes regulating climate change and human rights protection can provide the appropriate legal tools to hold States responsible for their contribution to climate change, notably in terms of failure to adopt effective and appropriate measures of mitigation and adaptation capable of preventing climate-induced health risks. In this respect, recent trends in international practice suggest that the right to health argument has the potential to play a pivotal role in climate litigation before international courts and human rights bodies, which are increasingly called to adjudge complaints filed by youth petitioners fighting for global climate change action.</p>","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"260 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531572","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 : 2021-06-29DOI: 10.1163/18719732-12341473
M. Fitzmaurice
This article analyses the question of a relationship between biodiversity and climate change. The legal framework for the protection of biodiversity from climate change is contained in the climate change system of treaties, i.e. the 1992 United Nations Framework Convention on Climate Change; the 1997 Kyoto Protocol; the 2015 Paris Agreement, on one hand; and the 1992 Convention on Biological Diversity on the other. There are also important global Conventions which contribute to combating of impacts of climate change on biodiversity, such as the Desertification Convention and the Ramsar Convention. The article discusses the principle of common but differentiated responsibilities within the context of climate change and biodiversity. The case study is the Arctic, which illustrates the impact of climate change on biodiversity.
{"title":"Biodiversity and Climate Change","authors":"M. Fitzmaurice","doi":"10.1163/18719732-12341473","DOIUrl":"https://doi.org/10.1163/18719732-12341473","url":null,"abstract":"This article analyses the question of a relationship between biodiversity and climate change. The legal framework for the protection of biodiversity from climate change is contained in the climate change system of treaties, i.e. the 1992 United Nations Framework Convention on Climate Change; the 1997 Kyoto Protocol; the 2015 Paris Agreement, on one hand; and the 1992 Convention on Biological Diversity on the other. There are also important global Conventions which contribute to combating of impacts of climate change on biodiversity, such as the Desertification Convention and the Ramsar Convention. The article discusses the principle of common but differentiated responsibilities within the context of climate change and biodiversity. The case study is the Arctic, which illustrates the impact of climate change on biodiversity.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"126 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86776649","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 : 2021-06-29DOI: 10.1163/18719732-12341471
P. Szwedo
‘Climate action’ and ‘Clean water and sanitation’ are two interconnected Sustainable Development Goals (6 & 13). Climate change has negative effects on all aspects of the human right to water: water’s availability, quality, accessibility, affordability and acceptability. Fulfilment of Sustainable Development Goals is measured by Indicators elaborated by different kind of organs and institutions. Indicators pertains to different factors and may lead to normative consequences. As instruments of global governance they require more transparency and participation in order to foster legitimacy and effectiveness Goals’ achievement. Reports of the Intergovernmental Panel on Climate Change (IPCC) are examples of “governance by indicators”. The main content of reports is data syntheses of various factors influencing climate evolution. However, they contain “summaries for policymakers” of unequivocally normative character based on the interpretation and generalisation of data analysis. Explanation of climatological analyses, convincing theory of probability is required in order to gain stronger civil societies’ conviction for more dynamic action.
{"title":"Climate Change and the Human Right to Water","authors":"P. Szwedo","doi":"10.1163/18719732-12341471","DOIUrl":"https://doi.org/10.1163/18719732-12341471","url":null,"abstract":"\u0000‘Climate action’ and ‘Clean water and sanitation’ are two interconnected Sustainable Development Goals (6 & 13). Climate change has negative effects on all aspects of the human right to water: water’s availability, quality, accessibility, affordability and acceptability. Fulfilment of Sustainable Development Goals is measured by Indicators elaborated by different kind of organs and institutions. Indicators pertains to different factors and may lead to normative consequences. As instruments of global governance they require more transparency and participation in order to foster legitimacy and effectiveness Goals’ achievement. Reports of the Intergovernmental Panel on Climate Change (IPCC) are examples of “governance by indicators”. The main content of reports is data syntheses of various factors influencing climate evolution. However, they contain “summaries for policymakers” of unequivocally normative character based on the interpretation and generalisation of data analysis. Explanation of climatological analyses, convincing theory of probability is required in order to gain stronger civil societies’ conviction for more dynamic action.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85422166","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 : 2021-06-29DOI: 10.1163/18719732-12341477
Marek Jaśkowski
According to International Civil Aviation Organization (ICAO) Assembly Resolution A40-19, the Carbon Offsetting and Reduction Scheme for International Aviation mechanism (CORSIA) is to be the only global market-based measure (MBM) applied to CO2 emissions from international aviation. This solution has been dictated by the intention to avoid a patchwork of duplicative State or regional MBMs and to ensure that international aviation CO2 emissions should be accounted for only once. The present contribution assesses the margin of autonomy left for Emissions Trading System of the EU (EU ETS) mechanism in the light of this clause, considering its legal status and divergent interpretations. Moreover, the recent 2020 roadmap for revision of the EU ETS Directive concerning aviation, published by the European Commission, is briefly discussed.
{"title":"External Aspects of the EU ETS in Aviation in Light of CORSIA","authors":"Marek Jaśkowski","doi":"10.1163/18719732-12341477","DOIUrl":"https://doi.org/10.1163/18719732-12341477","url":null,"abstract":"\u0000According to International Civil Aviation Organization (ICAO) Assembly Resolution A40-19, the Carbon Offsetting and Reduction Scheme for International Aviation mechanism (CORSIA) is to be the only global market-based measure (MBM) applied to CO2 emissions from international aviation. This solution has been dictated by the intention to avoid a patchwork of duplicative State or regional MBMs and to ensure that international aviation CO2 emissions should be accounted for only once. The present contribution assesses the margin of autonomy left for Emissions Trading System of the EU (EU ETS) mechanism in the light of this clause, considering its legal status and divergent interpretations. Moreover, the recent 2020 roadmap for revision of the EU ETS Directive concerning aviation, published by the European Commission, is briefly discussed.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"199 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85314933","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 : 2021-06-29DOI: 10.1163/18719732-12341470
Przemysław Siwior
The purpose of this article is to analyse the existing case-law of the European Court of Human Rights (ECtHR) in environmental cases in order to determine whether the European Convention on Human Rights (ECHR) ensures protection in cases related to climate change and its adverse impacts. Due to the fact that to date the ECtHR has not yet ruled on the issue of climate change, the article analyses environmental cases addressed by the ECtHR based on article 8 (right to respect for private and family life) and article 2 (right to life) of the ECHR taking into account potential application of their conclusions to climate change.
{"title":"The Potential of Application of the ECHR in Climate Change Related Cases","authors":"Przemysław Siwior","doi":"10.1163/18719732-12341470","DOIUrl":"https://doi.org/10.1163/18719732-12341470","url":null,"abstract":"\u0000The purpose of this article is to analyse the existing case-law of the European Court of Human Rights (ECtHR) in environmental cases in order to determine whether the European Convention on Human Rights (ECHR) ensures protection in cases related to climate change and its adverse impacts. Due to the fact that to date the ECtHR has not yet ruled on the issue of climate change, the article analyses environmental cases addressed by the ECtHR based on article 8 (right to respect for private and family life) and article 2 (right to life) of the ECHR taking into account potential application of their conclusions to climate change.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90215395","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 : 2021-06-29DOI: 10.1163/18719732-12341464
C. Mik, Łukasz Kułaga
{"title":"Introducing the Special Issue","authors":"C. Mik, Łukasz Kułaga","doi":"10.1163/18719732-12341464","DOIUrl":"https://doi.org/10.1163/18719732-12341464","url":null,"abstract":"","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"51 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90396579","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 : 2021-06-29DOI: 10.1163/18719732-12341469
J. Rudall
Cooperation has a relatively long history under international law. This duty is evident in and has been developed by a variety of international instruments as well as the jurisprudence of courts and tribunals, treaty-bodies and other international institutions. This article examines cooperation as it pertains to climate governance. It appraises the current and emerging dimensions of cooperation, the relationship with other obligations, principles and concepts in this area, as well as asking which aspects of cooperation must be ameliorated to better serve the fight against climate change.
{"title":"The Obligation to Cooperate in the Fight against Climate Change","authors":"J. Rudall","doi":"10.1163/18719732-12341469","DOIUrl":"https://doi.org/10.1163/18719732-12341469","url":null,"abstract":"\u0000Cooperation has a relatively long history under international law. This duty is evident in and has been developed by a variety of international instruments as well as the jurisprudence of courts and tribunals, treaty-bodies and other international institutions. This article examines cooperation as it pertains to climate governance. It appraises the current and emerging dimensions of cooperation, the relationship with other obligations, principles and concepts in this area, as well as asking which aspects of cooperation must be ameliorated to better serve the fight against climate change.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"16 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88098284","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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