The Global South is increasingly calling upon nations in the Global North to develop finance mechanisms to combat loss and damage. However, loss and damage remains underdeveloped due to the Global North’s current refusal to accept financial responsibility for climate harm occurring in vulnerable nations. Scholars have argued that the finance for loss and damage should be based upon the principle of reparations, but there is very limited research exploring how a reparations scheme should work. This article explores two existing reparations schemes: Canada’s Truth and Reconciliation Commission and Australia’s National Redress scheme, to identify successful elements and limitations of these schemes. Based on this analysis, this article proposes that a climate reparations scheme should be informed by Indigenous voices and knowledge and focus on providing multiple forms of meaningful redress. The paper also finds that it is possible to develop a reparations scheme without necessarily imposing liability on the Global North. It argues that a scheme of this nature may result in the Global North being more willing to develop financing to combat loss and damage and start paving the way for meaningful climate reparations.
{"title":"Reparations For Climate Harm and The Role of The Loss and Damage Mechanism: Lessons from Other Areas of Law","authors":"O. Davison","doi":"10.21552/cclr/2023/2/4","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/4","url":null,"abstract":"The Global South is increasingly calling upon nations in the Global North to develop finance mechanisms to combat loss and damage. However, loss and damage remains underdeveloped due to the Global North’s current refusal to accept financial responsibility for climate harm occurring in vulnerable nations. Scholars have argued that the finance for loss and damage should be based upon the principle of reparations, but there is very limited research exploring how a reparations scheme should work. This article explores two existing reparations schemes: Canada’s Truth and Reconciliation Commission and Australia’s National Redress scheme, to identify successful elements and limitations of these schemes. Based on this analysis, this article proposes that a climate reparations scheme should be informed by Indigenous voices and knowledge and focus on providing multiple forms of meaningful redress. The paper also finds that it is possible to develop a reparations scheme without necessarily imposing liability on the Global North. It argues that a scheme of this nature may result in the Global North being more willing to develop financing to combat loss and damage and start paving the way for meaningful climate reparations.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136210085","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}
{"title":"Indonesia ∙ The Voluntary Carbon Market and Indonesian Publicly Listed Companies","authors":"H. S Abidin, S. D Kartikasari","doi":"10.21552/cclr/2023/2/8","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/8","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136258042","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}
This article focuses on two areas of the European Unions's three-legged climate policy: the emissions trading and effort sharing sectors. The focus is on EU-level legislation, but examples of national frameworks where the EU's policy objectives are implemented are provided to highlight the practical implications of the legislation. The International Energy Agency has stated that carbon capture utilisation and storage (CCUS) will play an important role in reducing and removing CO2 emissions. This issue is topical as negotiations on updating the EU's climate targets and associated legislation are just being finalised. Furthermore, the EU Commission is defining rules for synthetic fuel production and regulation for certification of CO2 removals. EU policy favours utilising biogenic and atmospheric sources of CO2 over fossil sources for producing synthetic fuels in the long term. Currently, there are more incentives to store captured carbon from fossil fuel plants than biomass plants as carbon capture, utilisation and storage provides fossil installations a means of avoiding payment of allowances under the EU's emissions trading system.
{"title":"Regulatory Approaches to Carbon Dioxide Usage and Storage in the European Union","authors":"T. Hocksell","doi":"10.21552/cclr/2023/2/5","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/5","url":null,"abstract":"This article focuses on two areas of the European Unions's three-legged climate policy: the emissions trading and effort sharing sectors. The focus is on EU-level legislation, but examples of national frameworks where the EU's policy objectives are implemented are provided to highlight the practical implications of the legislation. The International Energy Agency has stated that carbon capture utilisation and storage (CCUS) will play an important role in reducing and removing CO2 emissions. This issue is topical as negotiations on updating the EU's climate targets and associated legislation are just being finalised. Furthermore, the EU Commission is defining rules for synthetic fuel production and regulation for certification of CO2 removals. EU policy favours utilising biogenic and atmospheric sources of CO2 over fossil sources for producing synthetic fuels in the long term. Currently, there are more incentives to store captured carbon from fossil fuel plants than biomass plants as carbon capture, utilisation and storage provides fossil installations a means of avoiding payment of allowances under the EU's emissions trading system.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136210087","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}
As we watch continuous news coverage of heat waves, wildfires, epic floods and beaches full of dead fish due to unprecedented ocean temperatures, action is being taken at the international level to clarify state obligations under the law of the sea convention as they pertain specifically to climate change. In the face of the stubborn remaining large gap between what is necessary and what is actually being done to mitigate the worst of climate change, systemic climate litigation in national courts is gaining in importance as a driver of more ambitious climate action. This paper considers the implications of a hypothetical inclusion of law of the sea due diligence arguments in national systemic climate litigation as a potential tool to require states to significantly increase their immediate- and near-term ambition to dramatically reduce GHG emissions.
{"title":"Bringing the Ocean into National Systemic Climate Litigation – Is Due Diligence a Bridge?","authors":"K. McKenzie","doi":"10.21552/cclr/2023/2/6","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/6","url":null,"abstract":"As we watch continuous news coverage of heat waves, wildfires, epic floods and beaches full of dead fish due to unprecedented ocean temperatures, action is being taken at the international level to clarify state obligations under the law of the sea convention as they pertain specifically to climate change. In the face of the stubborn remaining large gap between what is necessary and what is actually being done to mitigate the worst of climate change, systemic climate litigation in national courts is gaining in importance as a driver of more ambitious climate action. This paper considers the implications of a hypothetical inclusion of law of the sea due diligence arguments in national systemic climate litigation as a potential tool to require states to significantly increase their immediate- and near-term ambition to dramatically reduce GHG emissions.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136210086","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}
{"title":"European Union ∙ European Climate Policy: One Step Forward, Two Steps Back","authors":"A. Lerch, S. Rudolph","doi":"10.21552/cclr/2023/2/7","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/7","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136210080","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}
tion and strategies (e.g., climate laws and long-term strategies); economic instruments (e.g., carbon taxes, subsidy reform, trade and investment policy, and tax incentives); regulatory instruments (e.g., standards for emissions, technology, and product and productions processes); and other approaches, such as information policies, procurement policies, vol-untary agreements, and consumer protection standards etc.
{"title":"The Paris Agreement and Net-Zero Emissions: What Role for the Land-Sector?","authors":"F. Correa, C. Voigt","doi":"10.21552/CCLR/2021/1/3","DOIUrl":"https://doi.org/10.21552/CCLR/2021/1/3","url":null,"abstract":"tion and strategies (e.g., climate laws and long-term strategies); economic instruments (e.g., carbon taxes, subsidy reform, trade and investment policy, and tax incentives); regulatory instruments (e.g., standards for emissions, technology, and product and productions processes); and other approaches, such as information policies, procurement policies, vol-untary agreements, and consumer protection standards etc.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75879116","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}
W. Obergassel, C. Arens, C. Beuermann, V. Brandemann, L. Hermwille, N. Kreibich, M. Spitzner, H. Wang-Helmreich
[...]the article takes a closer look at the current dynamics among non-Party actors. [...]a new mechanism ‘to contribute to the mitigation of greenhouse gas emissions and support sustainable development’ is established under Article 6.4. [...]Article 6.8 provides for non-market approaches to be used. The five priority areas are: A. Capacity Building, knowledge management and communication, B. Gender balance, participation and women’s leadership, C. Coherence, D. Gender responsive implementation and means of implementation, and E. Monitoring and reporting.13 In October 2020, due to the pandemic, the UNFCCC secretariat merely published the annual report on ‘gender composition’, focussing on annual comparative data on sexus of members in the constituted bodies established under the Convention, and of Party delegations to sessions.14 As an annex, some information was provided on the secretariat’s implementation of ‘decisions that include a gender approach in keeping with applicable gender-related policies under the Convention’.15 Concerning the central activity A.2 to ‘Discuss and clarify the role and work of the national gender and climate change focal points’ (NGCCFPs), ‘including by providing capacity-building
{"title":"Climate Diplomacy on Hold, But not Climate Change","authors":"W. Obergassel, C. Arens, C. Beuermann, V. Brandemann, L. Hermwille, N. Kreibich, M. Spitzner, H. Wang-Helmreich","doi":"10.21552/cclr/2021/3/4","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/4","url":null,"abstract":"[...]the article takes a closer look at the current dynamics among non-Party actors. [...]a new mechanism ‘to contribute to the mitigation of greenhouse gas emissions and support sustainable development’ is established under Article 6.4. [...]Article 6.8 provides for non-market approaches to be used. The five priority areas are: A. Capacity Building, knowledge management and communication, B. Gender balance, participation and women’s leadership, C. Coherence, D. Gender responsive implementation and means of implementation, and E. Monitoring and reporting.13 In October 2020, due to the pandemic, the UNFCCC secretariat merely published the annual report on ‘gender composition’, focussing on annual comparative data on sexus of members in the constituted bodies established under the Convention, and of Party delegations to sessions.14 As an annex, some information was provided on the secretariat’s implementation of ‘decisions that include a gender approach in keeping with applicable gender-related policies under the Convention’.15 Concerning the central activity A.2 to ‘Discuss and clarify the role and work of the national gender and climate change focal points’ (NGCCFPs), ‘including by providing capacity-building","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85656273","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}
A recognised challenge for climate litigation is the fundamental incompatibility between the climate change problem and legal systems’ ability to hold critical players accountable. Locus standi and causation are critical stumbling blocks in the quest for climate justice. In Kenya, the requirements for locus standi and causation in public interest environmental litigation have been evolving. This article explores this evolution, showing three ways in which this creates opportunities for climate litigation. Firstly, there is no need to show particularised injury, which allows any person to sue for climate-related actions or inactions. Secondly, liability routes have been created that allow litigants to avoid the restrictive causation requirements, so that the plaintiff would not have to show any injury, let alone link harms to emissions from specific entities or to inaction. Thirdly, the courts take a precautionary approach which then shifts the burden of proof to the defendants, who are required to show that their activities or inaction do not pose a threat of serious or irreversible damage. These recent developments provide the needed legal opportunities for climate litigation and could make Kenya a potential hotspot for future climate change cases.
{"title":"The Evolving Locus Standi and Causation Requirements in Kenya: A Precautionary Turn for Climate Change Litigation?","authors":"L. Omuko-Jung","doi":"10.21552/cclr/2021/2/8","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/8","url":null,"abstract":"A recognised challenge for climate litigation is the fundamental incompatibility between the climate change problem and legal systems’ ability to hold critical players accountable. Locus standi and causation are critical stumbling blocks in the quest for climate justice. In Kenya, the requirements for locus standi and causation in public interest environmental litigation have been evolving. This article explores this evolution, showing three ways in which this creates opportunities for climate litigation. Firstly, there is no need to show particularised injury, which allows any person to sue for climate-related actions or inactions. Secondly, liability routes have been created that allow litigants to avoid the restrictive causation requirements, so that the plaintiff would not have to show any injury, let alone link harms to emissions from specific entities or to inaction. Thirdly, the courts take a precautionary approach which then shifts the burden of proof to the defendants, who are required to show that their activities or inaction do not pose a threat of serious or irreversible damage. These recent developments provide the needed legal opportunities for climate litigation and could make Kenya a potential hotspot for future climate change cases.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76882794","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}
According to the decree, the suspension was a necessary measure to guarantee the safety and reliability of the national power system considering the reduction in consumption and shall be in force during the contingency caused by the Covid-19 pandemic. The programme is expected to cover several sectors (e.g. construction, forestry, agriculture, tourism, academia, etc.) and to support the monitoring of GHG emissions, the development of energy efficiency programmes, and the use of renewable energy sources, such as wind and solar. [...]the current loss of domestic fuel demand led the Ministry of Mines and Energy to undertake between June and July a public consultation on lowering the program goals3, established in units of CBIOs (MME Ordinance 235/20).
{"title":"Latin America and the Caribbean ∙ INHALTSTITEL UNDEFINIERT","authors":"N. Trennepohl","doi":"10.21552/cclr/2020/2/9","DOIUrl":"https://doi.org/10.21552/cclr/2020/2/9","url":null,"abstract":"According to the decree, the suspension was a necessary measure to guarantee the safety and reliability of the national power system considering the reduction in consumption and shall be in force during the contingency caused by the Covid-19 pandemic. The programme is expected to cover several sectors (e.g. construction, forestry, agriculture, tourism, academia, etc.) and to support the monitoring of GHG emissions, the development of energy efficiency programmes, and the use of renewable energy sources, such as wind and solar. [...]the current loss of domestic fuel demand led the Ministry of Mines and Energy to undertake between June and July a public consultation on lowering the program goals3, established in units of CBIOs (MME Ordinance 235/20).","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74791643","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}
The growing incidence of displacement caused by climate change impacts represents a particular risk area on the African continent. This article focuses on two global and local poles in an investigation of a provincial government’s response to disaster displacement due to xenophobic violence. In 2008 in Gauteng, South Africa the global frame of international human rights and refugee law clearly interacted with a national legal regime on disaster management which privileged local and provincial actions. This article explores the material and conceptual linkages between disaster displacement and climate change with particular attention to litigation and to legal support structures. Assuming a certain degree of familiar-ity with climate change litigation and its literature, the article explores and presents a specific cross-cutting perspective, for which there is only modest treatment in the existing literature, the linkage of disaster displacement litigation (and legal responses) to climate change litigation. The article outlines and briefly examines a short but intense period of litigation following the xenophobia-induced 2008 displacement in South Africa which has not been widely discussed or attended to in scholarly literature. Beyond demonstrating the gap between local institutional preparedness and the evident level of risk from disasters at all scales including those associated with climate change, the case study investigated here shows the importance of thinking about the local with the global, particularly with respect to the linkage between displacement and climate change.
{"title":"Xenophobia-Induced Disaster Displacement in Gauteng, South Africa: A Climate Change Litigation Perspective","authors":"J. Klaaren","doi":"10.21552/cclr/2021/2/6","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/6","url":null,"abstract":"The growing incidence of displacement caused by climate change impacts represents a particular risk area on the African continent. This article focuses on two global and local poles in an investigation of a provincial government’s response to disaster displacement due to xenophobic violence. In 2008 in Gauteng, South Africa the global frame of international human rights and refugee law clearly interacted with a national legal regime on disaster management which privileged local and provincial actions. This article explores the material and conceptual linkages between disaster displacement and climate change with particular attention to litigation and to legal support structures. Assuming a certain degree of familiar-ity with climate change litigation and its literature, the article explores and presents a specific cross-cutting perspective, for which there is only modest treatment in the existing literature, the linkage of disaster displacement litigation (and legal responses) to climate change litigation. The article outlines and briefly examines a short but intense period of litigation following the xenophobia-induced 2008 displacement in South Africa which has not been widely discussed or attended to in scholarly literature. Beyond demonstrating the gap between local institutional preparedness and the evident level of risk from disasters at all scales including those associated with climate change, the case study investigated here shows the importance of thinking about the local with the global, particularly with respect to the linkage between displacement and climate change.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82260069","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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