Africa is vulnerable to the effects of climate change. While some African states have contributed very little to the global greenhouse gas (GHG) emissions driving climate change, others are heavier polluters. Over many decades, Nigeria’s oil and gas industry and the gas flaring for which it is notorious, has significantly contributed to the global rise of GHGs. The country is already experiencing the adverse effects of climate change in term of increasing cases of droughts, sea-level rise, acid precipitation and floods, among others. Global climate litigation has foregrounded the potential contributions which a national court can make in regulating the human activities that fuel climate change and undermine mitigation and adaptation efforts. Against this backdrop, this paper will assess the current status of climate change litigation in Nigeria. The paper argues that climate change litigation in Nigeria is still in its infancy. However, it will critically assess the paradigm shifts evident in the decision of the Nigerian Supreme Court in the recent case of Centre for Oil Pollution Watch (COPW) v Nigerian National Petroleum Corporation (NNPC), arguing that this case potentially clears the way for future climate change litigation in Nigeria.
{"title":"The Future of Climate Change Litigation in Nigeria: COPW v NNPC in the Spotlight","authors":"U. Etemire","doi":"10.21552/cclr/2021/2/7","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/7","url":null,"abstract":"Africa is vulnerable to the effects of climate change. While some African states have contributed very little to the global greenhouse gas (GHG) emissions driving climate change, others are heavier polluters. Over many decades, Nigeria’s oil and gas industry and the gas flaring for which it is notorious, has significantly contributed to the global rise of GHGs. The country is already experiencing the adverse effects of climate change in term of increasing cases of droughts, sea-level rise, acid precipitation and floods, among others. Global climate litigation has foregrounded the potential contributions which a national court can make in regulating the human activities that fuel climate change and undermine mitigation and adaptation efforts. Against this backdrop, this paper will assess the current status of climate change litigation in Nigeria. The paper argues that climate change litigation in Nigeria is still in its infancy. However, it will critically assess the paradigm shifts evident in the decision of the Nigerian Supreme Court in the recent case of Centre for Oil Pollution Watch (COPW) v Nigerian National Petroleum Corporation (NNPC), arguing that this case potentially clears the way for future climate change litigation in Nigeria.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83436560","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 ∙ Recent Developments","authors":"L. Massai, C. Jouault","doi":"10.21552/cclr/2021/3/10","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/10","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80340226","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":"Denmark","authors":"C. D. Tvarnø","doi":"10.21552/cclr/2021/4/8","DOIUrl":"https://doi.org/10.21552/cclr/2021/4/8","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"283 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76721620","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":"Emissions Trading ∙ Transport Sector Emissions Trading in Europe: Do It, But Do It Right!","authors":"S. Rudolph, A. Lerch","doi":"10.21552/cclr/2021/3/8","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/8","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79706854","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}
Iran has committed to a 4% reduction target by 2030;but as the Iranian economy is fossil fuel based, carbon dioxide (CO2) emissions have continued to surge over the last decade. In this paper, we consider whether carbon pricing could help Iran to achieve its Paris targets. First, we describe current climate-related policies in Iran and survey relevant academic literature on their effectiveness. We then review carbon pricing designs in five countries with a comparable development status to Iran. Finally, we consider whether Iran’s current climate policies are adequate and what role carbon pricing could play in a future climate policy mix. The results of this study should enhance an understanding of Iran’s climate policy, which thus far has received little attention in research;and can be put to immediate use in shaping a sustainable climate policy strategy for Iran.
{"title":"Climate Policy in Iran and the Case for Carbon Pricing","authors":"B. Ghafouri, S. Rudolph","doi":"10.21552/cclr/2021/3/5","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/5","url":null,"abstract":"Iran has committed to a 4% reduction target by 2030;but as the Iranian economy is fossil fuel based, carbon dioxide (CO2) emissions have continued to surge over the last decade. In this paper, we consider whether carbon pricing could help Iran to achieve its Paris targets. First, we describe current climate-related policies in Iran and survey relevant academic literature on their effectiveness. We then review carbon pricing designs in five countries with a comparable development status to Iran. Finally, we consider whether Iran’s current climate policies are adequate and what role carbon pricing could play in a future climate policy mix. The results of this study should enhance an understanding of Iran’s climate policy, which thus far has received little attention in research;and can be put to immediate use in shaping a sustainable climate policy strategy for Iran.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81012133","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 Justice Under the Paris Agreement: Framework and Substance","authors":"T. Tunbi Onifade","doi":"10.21552/cclr/2021/3/6","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/6","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"141 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76524083","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":"Case Note ∙ ‘Sharma’: Climate Litigation Enters the Field of Negligence in Australia","authors":"C. Avgoustinos","doi":"10.21552/cclr/2021/3/7","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/7","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"104 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80611959","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, L. Hermwille, N. Kreibich, Hermann E. Ott, M. Spitzner
{"title":"COP25 in Search of Lost Time for Action: An Assessment of the Madrid Climate Conference","authors":"W. Obergassel, C. Arens, C. Beuermann, L. Hermwille, N. Kreibich, Hermann E. Ott, M. Spitzner","doi":"10.21552/cclr/2020/1/4","DOIUrl":"https://doi.org/10.21552/cclr/2020/1/4","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"14 1","pages":"3-17"},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45950225","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}
Geoengineering (the deliberate modification of the climate system), has been discussed as a technique to control Anthropogenic Global Warming (AGW). Public Trust Doctrine (PTD) is used to hold assets that are not in private ownership in a form of collective ownership for public benefit; it is familiarly applied to the shoreline between tides. Several variants of PTD exist. All variants serve to limit private ownership; the version arising from Anglo-American common law creates duties and responsibilities on the sovereign, to maintain and preserve assets in public trust. We consider various types of geoengineering, to protect example assets currently under PTD finding a compelling case for action, in a variety of contexts. This introduces a paradoxical situation, where it may theoretically be easier to compel states to undertake geoengineering to protect a beach, than to protect the whole planet. We note that, whilst PTD obligations are atomised in nature, the inherent commonality of the threat potentially serves to reduce this fragmentation, and to encourage common action amongst states. However, we note the failure of recent legal proceedings, which exposes practical limitations on the ability of PTD to compel climate action generally – and thus its applicability to geoengineering.
{"title":"Geoengineering and Public Trust Doctrine","authors":"A. Lockley, G. Futerman, D. Coffman","doi":"10.21552/cclr/2020/2/4","DOIUrl":"https://doi.org/10.21552/cclr/2020/2/4","url":null,"abstract":"Geoengineering (the deliberate modification of the climate system), has been discussed as a technique to control Anthropogenic Global Warming (AGW). Public Trust Doctrine (PTD) is used to hold assets that are not in private ownership in a form of collective ownership for public benefit; it is familiarly applied to the shoreline between tides. Several variants of PTD exist. All variants serve to limit private ownership; the version arising from Anglo-American common law creates duties and responsibilities on the sovereign, to maintain and preserve assets in public trust. We consider various types of geoengineering, to protect example assets currently under PTD finding a compelling case for action, in a variety of contexts. This introduces a paradoxical situation, where it may theoretically be easier to compel states to undertake geoengineering to protect a beach, than to protect the whole planet. We note that, whilst PTD obligations are atomised in nature, the inherent commonality of the threat potentially serves to reduce this fragmentation, and to encourage common action amongst states. However, we note the failure of recent legal proceedings, which exposes practical limitations on the ability of PTD to compel climate action generally – and thus its applicability to geoengineering.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75816088","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 Legal Guarantee of National Ownership of REDD+: Implications for Climate Change Mitigation and Socio-Economic Development in Cameroon","authors":"","doi":"10.21552/cclr/2020/3/4","DOIUrl":"https://doi.org/10.21552/cclr/2020/3/4","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88359763","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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