The Paris Agreement was largely understood as an implicit recognition of the need for a largescale deployment of negative emissions technologies, in particular bioenergy with carbon capture and storage (BECCS), as part of an enhanced action on climate change mitigation. Yet, a large-scale deployment of BECCS, if feasible at all, would raise serious concerns relating to the social and environmental impacts of bioenergy, the safety of the transportation and the durability of the storage, as well as more general matters of cost-sharing, burden-sharing and responsibilities on the international plane. Although no international law instrument addresses these concerns specifically, some principles of general international law are relevant. Accordingly, this article identifies existing and emerging principles of general international law of relevance to BECCS and discusses the need for and opportunity of further developments.
{"title":"Bioenergy with Carbon Capture and Storage: Existing and Emerging Legal Principles","authors":"B. Mayer","doi":"10.21552/CCLR/2019/2/6","DOIUrl":"https://doi.org/10.21552/CCLR/2019/2/6","url":null,"abstract":"The Paris Agreement was largely understood as an implicit recognition of the need for a largescale deployment of negative emissions technologies, in particular bioenergy with carbon capture and storage (BECCS), as part of an enhanced action on climate change mitigation. Yet, a large-scale deployment of BECCS, if feasible at all, would raise serious concerns relating to the social and environmental impacts of bioenergy, the safety of the transportation and the durability of the storage, as well as more general matters of cost-sharing, burden-sharing and responsibilities on the international plane. Although no international law instrument addresses these concerns specifically, some principles of general international law are relevant. Accordingly, this article identifies existing and emerging principles of general international law of relevance to BECCS and discusses the need for and opportunity of further developments.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89238329","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 has long been considered a science fiction solution designed by climate wizards – physicists – who inherited Cold War-era tinkering in the shadows with their demiurgic designs. Presented in this way, these Promethean solutions are likely to be rejected by a large majority of the public. The most common reaction to these techniques is thus rejection, based on the feeling that they are based on a pathological conception of nature, the Earth and the relationship that humans must maintain with it. But important, albeit recent, developments seem to change how these techniques are presented, and could thus change the degree and mode of adherence to them, without changing anything about what these techniques are and the dangers they represent. This paper analyses two discourses in favour of the deployment of geoengineering techniques: the Promethean discourse and the Gaian or Earth system discourse. Both hinge on radically opposed conceptions of nature and of the Earth which leadsme to question the idea, however classically accepted, that what is at stake in the geoengineering debate is first and foremost a question of the representation of nature.
{"title":"Is the Decisive Issue in Geoengineering Debates Really One of Representation of Nature? Gaia Against (or With?) Prometheus?","authors":"Sébastien Dutreuil","doi":"10.21552/CCLR/2019/2/4","DOIUrl":"https://doi.org/10.21552/CCLR/2019/2/4","url":null,"abstract":"Geoengineering has long been considered a science fiction solution designed by climate wizards – physicists – who inherited Cold War-era tinkering in the shadows with their demiurgic designs. Presented in this way, these Promethean solutions are likely to be rejected by a large majority of the public. The most common reaction to these techniques is thus rejection, based on the feeling that they are based on a pathological conception of nature, the Earth and the relationship that humans must maintain with it. But important, albeit recent, developments seem to change how these techniques are presented, and could thus change the degree and mode of adherence to them, without changing anything about what these techniques are and the dangers they represent. This paper analyses two discourses in favour of the deployment of geoengineering techniques: the Promethean discourse and the Gaian or Earth system discourse. Both hinge on radically opposed conceptions of nature and of the Earth which leadsme to question the idea, however classically accepted, that what is at stake in the geoengineering debate is first and foremost a question of the representation of nature.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84810446","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":"Energy Trilemma: Climate Policy Pluralism in the United States – Domestic and International Implications","authors":"Magnus C. Abraham‐Dukuma","doi":"10.21552/CCLR/2019/1/8","DOIUrl":"https://doi.org/10.21552/CCLR/2019/1/8","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88402558","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":"Comparative Approaches to Carbon Taxation in Canada and South Africa: Balancing National Aspirations with Global Realities","authors":"A. Gilder, G. Stiles","doi":"10.21552/cclr/2019/4/7","DOIUrl":"https://doi.org/10.21552/cclr/2019/4/7","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83487389","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 Kenya Climate Change Act 2016: Emerging Lessons From a Pioneer Law","authors":"Clarice Wambua","doi":"10.21552/cclr/2019/4/6","DOIUrl":"https://doi.org/10.21552/cclr/2019/4/6","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82788863","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}
By deconstructing the discourse on the inevitability of negative emissions technologies to meet the 2°C target contained in the Paris agreement, showing in particular how this technological promise is framed as a ‘technofix’, this paper challenges the literature actively promoting NETs. Not only is the promise refuted by the numerous problems generated by NETs implementation, but the risk of undermining ongoing mitigation efforts cannot be significantly reduced by governance designing. Alternative pathways for effective mitigation which rely on significant societal change are both possible and meaningful.
{"title":"Governing a Mirage? False Promises of Negative Emissions Technologies","authors":"D. Compagnon","doi":"10.21552/CCLR/2019/2/5","DOIUrl":"https://doi.org/10.21552/CCLR/2019/2/5","url":null,"abstract":"By deconstructing the discourse on the inevitability of negative emissions technologies to meet the 2°C target contained in the Paris agreement, showing in particular how this technological promise is framed as a ‘technofix’, this paper challenges the literature actively promoting NETs. Not only is the promise refuted by the numerous problems generated by NETs implementation, but the risk of undermining ongoing mitigation efforts cannot be significantly reduced by governance designing. Alternative pathways for effective mitigation which rely on significant societal change are both possible and meaningful.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78683413","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 development of geo-engineering applied to the oceans-ocean fertilization, trapping and geological storage of CO2-has put two areas of international environmental law in tension: climate law and international law of the marine environment. This study aims to think about the role that the international environmental law could or should play toward the development of the geo-engineering. The discussions on geo-engineering that have taken place in international fora are rich in lessons about these rights themselves, with regard to their effectiveness and efficiency, but also to their articulation, and they allow to understand the position of the different organizations a front of these new techniques. Thus, the question of the " good governance" of this new challenge raises. It is therefore a question of presenting the various possibilities offered by international law to frame-even forbid-these new practices.
{"title":"The Stormy Emergence of Geoengineering in the International Law of the Sea","authors":"S. Gambardella","doi":"10.21552/CCLR/2019/2/7","DOIUrl":"https://doi.org/10.21552/CCLR/2019/2/7","url":null,"abstract":"The development of geo-engineering applied to the oceans-ocean fertilization, trapping and geological storage of CO2-has put two areas of international environmental law in tension: climate law and international law of the marine environment. This study aims to think about the role that the international environmental law could or should play toward the development of the geo-engineering. The discussions on geo-engineering that have taken place in international fora are rich in lessons about these rights themselves, with regard to their effectiveness and efficiency, but also to their articulation, and they allow to understand the position of the different organizations a front of these new techniques. Thus, the question of the \" good governance\" of this new challenge raises. It is therefore a question of presenting the various possibilities offered by international law to frame-even forbid-these new practices.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86370433","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":"General Articles ∙ Urgenda II and its Discontents","authors":"Suryapratim Roy","doi":"10.21552/CCLR/2019/2/8","DOIUrl":"https://doi.org/10.21552/CCLR/2019/2/8","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75259822","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 United Nations Security Council and Climate Change: Mapping a Pragmatic Pathway to Intervention","authors":"Ash Murphy","doi":"10.21552/cclr/2019/1/7","DOIUrl":"https://doi.org/10.21552/cclr/2019/1/7","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86376422","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}
Sébastien Duyck, E. Lennon, W. Obergassel, A. Savaresi
The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.
{"title":"Human Rights and the Paris Agreement's Implementation Guidelines: Opportunities to Develop a Rights-Based Approach","authors":"Sébastien Duyck, E. Lennon, W. Obergassel, A. Savaresi","doi":"10.21552/CCLR/2018/3/5","DOIUrl":"https://doi.org/10.21552/CCLR/2018/3/5","url":null,"abstract":"The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49187170","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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