Legal Frameworks for Ecosystem-based Adaptation to Climate Change in the Pacific Islands

Legal Frameworks for Ecosystem-based Adaptation to Climate Change in the Pacific Islands
Author: Ben Boer
Publisher:
Total Pages: 55
Release: 2012
Genre: Climate change mitigation
ISBN: 9789820404397

This report is primarily directed to analysing the legal aspects of ecosystem-based adaptation to climate change. It sketches the impacts of climate change in the Pacific Island countries, recognizing that climate change directly impacts ecosystems, which provide for the needs of people as well as for the maintenance of the natural environment. It takes as a given that ecosystem-based adaptation can provide cost-effective strategies for reducing vulnerability to climate change impacts and enhancing ecosystem resilience, thereby maintaining ecosystem services and sustainable livelihoods. The report is written in light of the research reports completed by SPREP and Conservation International for this project (SPREP and Conservation International 2011). An essential aspect of the legal analysis is an examination of the way in which environmental governance operates in Pacific Island countries. The analysis is directed both to current formal legal systems as well as to customary mechanisms at the community level, exploring both potential barriers as well as the possibilities in the national legislation for achieving the aims of ecosystembased adaptation strategies. The report includes six brief legal case studies of more or less representative Pacific Island countries. The case studies provide a snapshot of the relevant legal frameworks in the selected jurisdictions in order to assess the suitability of those frameworks for providing a legally robust basis for ecosystembased adaptation. The report shows that appropriate legal mechanisms developed at the national level can play a key role in promoting adaptation, especially through restoring and maintaining ecosystem resilience, to address the effects of climate change.

Adaptation To Climate Change: Asean And Comparative Experiences

Adaptation To Climate Change: Asean And Comparative Experiences
Author: Kheng Lian Koh
Publisher: World Scientific
Total Pages: 558
Release: 2015-08-05
Genre: Law
ISBN: 9814689750

Adaptation to Climate Change: ASEAN and Comparative Experiences presents a dynamic and comprehensive collection of works from legal scholars around the world that delves into a relatively new frontier on legal aspects of climate change adaptation with focus on the ASEAN region, both at the regional level as well as at the national level in some ASEAN countries — such as Malaysia, Philippines, and Thailand. Other countries not within ASEAN are also represented, such as Bangladesh, People's Republic of China, Sri Lanka, and the Republic of Taiwan. In doing so, it surveys one of the most important issues confronting developing countries today, and the challenges to building resilient societies. It is an essential source of reference for policy-makers, administrators, the private sector officials, scientists, academic scholars, climatologists, NGOs, and CSOs in ASEAN and the world.

The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific
Author: Simon Chesterman
Publisher:
Total Pages: 904
Release: 2019
Genre: Law
ISBN: 0198793855

This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived

Climate Change and Indigenous Peoples

Climate Change and Indigenous Peoples
Author: Randall Abate
Publisher: Edward Elgar Publishing
Total Pages: 617
Release: 2013-01-01
Genre: Law
ISBN: 1781001804

'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

World Heritage Conservation in the Pacific

World Heritage Conservation in the Pacific
Author: Stephanie Clair Price
Publisher: Springer
Total Pages: 336
Release: 2018-07-20
Genre: Social Science
ISBN: 9811306028

​This book explores the opportunities and challenges associated with the legal protection of World Heritage sites in the Pacific Islands. It argues that the small Pacific representation on the World Heritage List is in part due to a lack of strong legal frameworks for heritage conservation, putting such sites under threat. Providing a comprehensive analysis of the nomination, listing and protection of the Solomon Island World Heritage Site, it examines the implementation of the World Heritage Convention in the Pacific context. It explores how the international community’s broadening interpretation of the notion of ‘outstanding universal value’ has increased the potential for Pacific heritage to be classified as ‘World Heritage’. This book also analyses the protection regime established by the Convention, and the World Heritage Committee’s approach to heritage conservation, identifying challenges associated with the protection of Pacific Island heritage.

Climate Change and Human Rights

Climate Change and Human Rights
Author: Ottavio Quirico
Publisher: Routledge
Total Pages: 425
Release: 2015-09-07
Genre: Law
ISBN: 1317662687

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Adaptation Policy Frameworks for Climate Change

Adaptation Policy Frameworks for Climate Change
Author: Ian Burton
Publisher: Cambridge University Press
Total Pages: 268
Release: 2004-11-15
Genre: Science
ISBN: 9780521617604

Adaptation is a process by which individuals, communities and countries seek to cope with the consequences of climate change. The process of adaptation is not new; the idea of incorporating future climate risk into policy-making is. While our understanding of climate change and its potential impacts has become clearer, the availability of practical guidance on adaptation has not kept pace. The development of the Adaptation Policy Framework (APF) is intended to help provide the rapidly evolving process of adaptation policy-making with a much-needed roadmap. Ultimately, the purpose of the APF is to support adaptation processes to protect - and enhance - human well-being in the face of climate change. This volume will be invaluable for everyone working on climate change adaptation and policy-making.

Research Handbook on Ocean Acidification Law and Policy

Research Handbook on Ocean Acidification Law and Policy
Author: VanderZwaag, David L.
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-10-19
Genre: Law
ISBN: 178990014X

This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the ominous threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under national, regional and global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments.

The Ocean and Cryosphere in a Changing Climate

The Ocean and Cryosphere in a Changing Climate
Author: Intergovernmental Panel on Climate Change (IPCC)
Publisher: Cambridge University Press
Total Pages: 755
Release: 2022-04-30
Genre: Science
ISBN: 9781009157971

The Intergovernmental Panel on Climate Change (IPCC) is the leading international body for assessing the science related to climate change. It provides policymakers with regular assessments of the scientific basis of human-induced climate change, its impacts and future risks, and options for adaptation and mitigation. This IPCC Special Report on the Ocean and Cryosphere in a Changing Climate is the most comprehensive and up-to-date assessment of the observed and projected changes to the ocean and cryosphere and their associated impacts and risks, with a focus on resilience, risk management response options, and adaptation measures, considering both their potential and limitations. It brings together knowledge on physical and biogeochemical changes, the interplay with ecosystem changes, and the implications for human communities. It serves policymakers, decision makers, stakeholders, and all interested parties with unbiased, up-to-date, policy-relevant information. This title is also available as Open Access on Cambridge Core.

Climate Change and Indigenous Peoples in the United States

Climate Change and Indigenous Peoples in the United States
Author: Julie Koppel Maldonado
Publisher: Springer
Total Pages: 178
Release: 2014-04-05
Genre: Science
ISBN: 3319052667

With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.