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":"53 1","pages":""},"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}
Transnational litigation for harms caused by major emitters, frequently brought in north-south partnerships, is a noticeable trend in Global South litigation for environmental harm. This trend will undoubtedly be a feature of domestic climate litigation, in that it mobilises litigation capacity in the Global North, directly targets emitters in their home jurisdiction, and stands to compensate claimants most deserving of climate reparations in the Global South. In this context, this paper does three things. First it examines recent caselaw, ques-tioning whether recent developments in transnational tort cases have opened a route to transnational climate litigation. Second, it examines and reframes existing environmental harm cases, arguing that these are characteristic of Global South climate litigation, and should be analysed as such. Third, it examines the benefits and pitfalls of this reframing, highlighting the distinction between the analysis and the strategy of transnational climate cases as climate litigation.
{"title":"Substantial Justice?: Transnational Torts as Climate Litigation","authors":"K. Bouwer","doi":"10.21552/cclr/2021/2/9","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/9","url":null,"abstract":"Transnational litigation for harms caused by major emitters, frequently brought in north-south partnerships, is a noticeable trend in Global South litigation for environmental harm. This trend will undoubtedly be a feature of domestic climate litigation, in that it mobilises litigation capacity in the Global North, directly targets emitters in their home jurisdiction, and stands to compensate claimants most deserving of climate reparations in the Global South. In this context, this paper does three things. First it examines recent caselaw, ques-tioning whether recent developments in transnational tort cases have opened a route to transnational climate litigation. Second, it examines and reframes existing environmental harm cases, arguing that these are characteristic of Global South climate litigation, and should be analysed as such. Third, it examines the benefits and pitfalls of this reframing, highlighting the distinction between the analysis and the strategy of transnational climate cases as climate litigation.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78671504","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 energy transition calls for greater interdependency between different energy infrastruc-tures and energy carriers to ensure an effective integration of renewable energy into the energy system. The energy sector’s legislative framework and legal safeguards, however, are still largely based on the traditional market model, designed for centrally managed, fossil fuel-based, and large-scale production units for the supply of energy. Regulation is also fundamentally based on the idea that energy markets are separate. The role of hydrogen as a flexible energy vector – allowing for interaction between different energy markets – is not yet accounted for. Regulation and integration of newer energy carriers into the energy system, like the hydrogen market, is a challenge. This is all the more so in light of the uncertainties on how the hydrogen market will develop. This contribution assesses how good regulation of the hydrogen market can be attained. For this assessment, the principles of good regulation provide a foundation for developing a normative framework to identify ‘good regulation’ and good regulatory strategies. It is suggested that considering uncertain market developments, the use of a regulatory sandbox can offer a practical solution to assess what good regulation for the hydrogen market could entail.
{"title":"Make Hydrogen Whilst the Sun Shines: How to Turn the Current Momentum into a Well-Functioning Hydrogen Market?","authors":"S. Lavrijssen, Blanka Vitéz","doi":"10.21552/CCLR/2020/4/6","DOIUrl":"https://doi.org/10.21552/CCLR/2020/4/6","url":null,"abstract":"The energy transition calls for greater interdependency between different energy infrastruc-tures and energy carriers to ensure an effective integration of renewable energy into the energy system. The energy sector’s legislative framework and legal safeguards, however, are still largely based on the traditional market model, designed for centrally managed, fossil fuel-based, and large-scale production units for the supply of energy. Regulation is also fundamentally based on the idea that energy markets are separate. The role of hydrogen as a flexible energy vector – allowing for interaction between different energy markets – is not yet accounted for. Regulation and integration of newer energy carriers into the energy system, like the hydrogen market, is a challenge. This is all the more so in light of the uncertainties on how the hydrogen market will develop. This contribution assesses how good regulation of the hydrogen market can be attained. For this assessment, the principles of good regulation provide a foundation for developing a normative framework to identify ‘good regulation’ and good regulatory strategies. It is suggested that considering uncertain market developments, the use of a regulatory sandbox can offer a practical solution to assess what good regulation for the hydrogen market could entail.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"128 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86473278","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, Lukas, Hermwille, Nicolas Kreibich, Hermann E. Ott, M. Spitzner
The Glasgow climate conference marked a symbolic juncture, lying half-way between the adoption of the UNFCCC in 1992 and the year 2050 in which according to the IPCC special report on the 1.5°C limit net zero CO2 emissions need to be reached, globally, in order to maintain a good chance of achieving the 1.5°C limit. This article undertakes an assessment of what the UNFCCC and in particular the Paris Agreement and its implementation process have actually achieved so far up to and including the results of the Glasgow conference. The article discusses efforts at ambition raising both within and outside the formal diplomatic process, the finalization of the implementation rules of the Paris Agreement, as well as progress on gender responsiveness, climate finance, adaptation and loss and damage. In summary, the Paris Agreement and its implementation can be considered a success as it is having a discernible impact on the behavior of parties as well as on non-party actors. However, significant further efforts will be required to actually achieve the objectives of the Agreement.
{"title":"Turning Point Glasgow? An Assessment of the Climate Conference COP26","authors":"W. Obergassel, C. Arens, C. Beuermann, V. Brandemann, Lukas, Hermwille, Nicolas Kreibich, Hermann E. Ott, M. Spitzner","doi":"10.21552/cclr/2021/4/4","DOIUrl":"https://doi.org/10.21552/cclr/2021/4/4","url":null,"abstract":"The Glasgow climate conference marked a symbolic juncture, lying half-way between the adoption of the UNFCCC in 1992 and the year 2050 in which according to the IPCC special report on the 1.5°C limit net zero CO2 emissions need to be reached, globally, in order to maintain a good chance of achieving the 1.5°C limit. This article undertakes an assessment of what the UNFCCC and in particular the Paris Agreement and its implementation process have actually achieved so far up to and including the results of the Glasgow conference. The article discusses efforts at ambition raising both within and outside the formal diplomatic process, the finalization of the implementation rules of the Paris Agreement, as well as progress on gender responsiveness, climate finance, adaptation and loss and damage. In summary, the Paris Agreement and its implementation can be considered a success as it is having a discernible impact on the behavior of parties as well as on non-party actors. However, significant further efforts will be required to actually achieve the objectives of the Agreement.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81178196","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":"The Pathway to a Green Gulf: A Review and Analysis of the Evolution of Saudi Arabia, Qatar, and the United Arab Emirates’ Climate Change Positions","authors":"J. Dargin","doi":"10.21552/cclr/2021/4/7","DOIUrl":"https://doi.org/10.21552/cclr/2021/4/7","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81293132","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 African continent’s vulnerability to climate risks is increasingly evident, posing a challenge around the fundamental rights obligations of African states to their people at a time when most African countries are focused on narrowing their infrastructure and development gaps. Given the recent wave of strategic litigation on socio-economic rights, this paper will consider the extent to which climate litigation might benefit from a rights-based approach. The paper will also highlight the utility of administrative and judicial challenges of impact assessment processes. We argue that the participatory components of these processes are potentially powerful avenues for the empowerment of local communities on climate change risks and appropriate mitigation and adaptation measures.
{"title":"Leveraging Existing Approaches and Tools to Secure Climate Justice in Africa","authors":"E. Okoth, M. O. Odaga","doi":"10.21552/cclr/2021/2/4","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/4","url":null,"abstract":"The African continent’s vulnerability to climate risks is increasingly evident, posing a challenge around the fundamental rights obligations of African states to their people at a time when most African countries are focused on narrowing their infrastructure and development gaps. Given the recent wave of strategic litigation on socio-economic rights, this paper will consider the extent to which climate litigation might benefit from a rights-based approach. The paper will also highlight the utility of administrative and judicial challenges of impact assessment processes. We argue that the participatory components of these processes are potentially powerful avenues for the empowerment of local communities on climate change risks and appropriate mitigation and adaptation measures.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82372683","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":"From Stakeholders to Rightsholders: Assessing Public Participation in the International Climate Regime","authors":"A. Martínez Blanco","doi":"10.21552/cclr/2021/4/5","DOIUrl":"https://doi.org/10.21552/cclr/2021/4/5","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"23 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72461607","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}
What are the particular features of climate litigation in Africa? Or, what more is needed to actualise this potentially powerful form of citizen participation in the African context? If and when African climate litigation accelerates, how can we ensure that the outcomes serve the needs of the people of Africa? Is climate litigation as conceived in Global North contexts even aworthwhile focus for African academics and practitioners, given the nature of African energy transitions and the climate change pressures already being felt on the continent? In August 2020 we convened a workshop which sought to begin a conversation around these questions, which we hope will spark interest in, and support understanding of this field, both in practice and in the academy. This Special Issue is the first collection of articles from that workshop, and our collective response to some of the questions posed above.
{"title":"Editorial: The Emergence of Climate Litigation in Africa","authors":"K. Bouwer, T. Field","doi":"10.21552/cclr/2021/2/3","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/3","url":null,"abstract":"What are the particular features of climate litigation in Africa? Or, what more is needed to actualise this potentially powerful form of citizen participation in the African context? If and when African climate litigation accelerates, how can we ensure that the outcomes serve the needs of the people of Africa? Is climate litigation as conceived in Global North contexts even aworthwhile focus for African academics and practitioners, given the nature of African energy transitions and the climate change pressures already being felt on the continent? In August 2020 we convened a workshop which sought to begin a conversation around these questions, which we hope will spark interest in, and support understanding of this field, both in practice and in the academy. This Special Issue is the first collection of articles from that workshop, and our collective response to some of the questions posed above.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90178959","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":"Climate Litigation as a Tool for Enforcing Rights of Nature and Environmental Rights by NGOs: Security for Costs and Costs Limitations in Uganda","authors":"S. Mwesigwa, P. D. Mutesasira","doi":"10.21552/cclr/2021/2/5","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/5","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"53 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73625145","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":"Latin America and the Caribbean ∙ Ambitions Towards COP 26","authors":"N. Trennepohl","doi":"10.21552/cclr/2021/3/9","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/9","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77027142","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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