The Essentiality Of The Principle Of Common But Differentiated Responsibilities In The International Climate Change Regime
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Author | : Farhana Yamin |
Publisher | : Cambridge University Press |
Total Pages | : 734 |
Release | : 2004-12-09 |
Genre | : Law |
ISBN | : 9781139447751 |
This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.
Author | : Benoit Mayer |
Publisher | : Cambridge University Press |
Total Pages | : 473 |
Release | : 2021-06-24 |
Genre | : Law |
ISBN | : 1108840159 |
An innovative volume that covers all the common topics of climate law currently debated in the global academic community.
Author | : Daniel Bodansky |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0199664293 |
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author | : Ulrich Beyerlin |
Publisher | : Bloomsbury Publishing |
Total Pages | : 457 |
Release | : 2011-08-11 |
Genre | : Law |
ISBN | : 1847317685 |
International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.
Author | : Jean-Frederic Morin |
Publisher | : Routledge |
Total Pages | : 269 |
Release | : 2014-07-11 |
Genre | : Business & Economics |
ISBN | : 1136777040 |
Aligning global governance to the challenges of sustainability is one of the most urgent environmental issues to be addressed. This book is a timely and up-to-date compilation of the main pieces of the global environmental governance puzzle. The book is comprised of 101 entries, each defining a central concept in global environmental governance, presenting its historical evolution, introducing related debates and including key bibliographical references and further reading. The entries combine analytical rigour with empirical description. The book: offers cutting edge analysis of the state of global environmental governance, raises an up-to-date debate on global governance for sustainable development, gives an in-depth exploration of current international architecture of global environmental governance, examines the interaction between environmental politics and other fields of governance such as trade, development and security, elaborates a critical review of the recent literature in global environmental governance. This unique work synthesizes writing from an internationally diverse range of well-known experts in the field of global environmental governance. Innovative thinking and high-profile expertise come together to create a volume that is accessible to students, scholars and practitioners alike.
Author | : Sumudu Atapattu |
Publisher | : BRILL |
Total Pages | : 564 |
Release | : 2007-04-30 |
Genre | : Law |
ISBN | : 9047440145 |
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction. While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies. The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues. Published under the Transnational Publishers imprint.
Author | : Reinhard Mechler |
Publisher | : Springer |
Total Pages | : 563 |
Release | : 2018-11-28 |
Genre | : Science |
ISBN | : 3319720260 |
This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.
Author | : Tuula Honkonen |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 434 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041131531 |
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateands right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.
Author | : Lavanya Rajamani |
Publisher | : BRILL |
Total Pages | : 336 |
Release | : 2021-02-22 |
Genre | : Law |
ISBN | : 9004444408 |
This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.
Author | : Shirley V. Scott |
Publisher | : Edward Elgar Publishing |
Total Pages | : 271 |
Release | : 2018-03-30 |
Genre | : Political Science |
ISBN | : 1785364642 |
In this forward-looking book, the authors consider how the United Nations Security Council could assist in addressing the global security challenges brought about by climate change. Contributing authors contemplate how the UNSC could prepare for this role; progressing the debate from whether and why the council should act on climate insecurity, to how? Scholars, activists, and policy makers will find this book a fertile source of innovative thinking and an invaluable basis on which to develop policy.