Author: Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 Publisher: 國立臺灣大學出版中心 ISBN: 9863502111 Category : Law Languages : en Pages : 388
Book Description
Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.
Author: Richard Lord Publisher: Cambridge University Press ISBN: 1139505521 Category : Law Languages : en Pages : 679
Book Description
As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.
Author: Roda Verheyen Publisher: Martinus Nijhoff Publishers ISBN: 9004146504 Category : Law Languages : en Pages : 419
Book Description
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
Author: Reinhard Mechler Publisher: Springer ISBN: 3319720260 Category : Science Languages : en Pages : 563
Book Description
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: Monika Hinteregger Publisher: Nomos Verlagsgesellschaft ISBN: 9783848787074 Category : Law Languages : en Pages : 0
Book Description
The recent past has seen a rise in litigation seeking to hold specific private and public actors liable for their contribution to and impacts of climate change, with a relatively low success rate. This highlights the need for further research into the reasonable and just distribution of responsibility for mitigation and adaptation. This book unites renowned researchers from various disciplines to explore the challenges and opportunities of assigning responsibility and liability for climate change to specific actors. Thereby, the importance of interdisciplinary scientific dialogue on climate change is strengthened, and a new generation of jurists is to be provided with novel arguments for protecting our climate system.
Author: André Nollkaemper Publisher: Cambridge University Press ISBN: 1107107091 Category : Law Languages : en Pages : 1229
Book Description
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Author: U.S. Global Change Research Program Publisher: Cambridge University Press ISBN: 0521144078 Category : Business & Economics Languages : en Pages : 193
Book Description
Summarizes the science of climate change and impacts on the United States, for the public and policymakers.
Author: Alexandra Birchler Publisher: Intersentia ISBN: 9781839700309 Category : Climatic changes Languages : en Pages : 0
Book Description
Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity. This increase has been scientifically linked to global warming, which is induced by anthropogenic climate change. This phenomenon is disproportionately affecting developing States, such as the Caribbean and Pacific Islands, even though they are not contributing to climate change to the same extent as developed States or emerging markets, and having a devastating effect on people and their livelihoods. This book examines two critical aspects of this situation, to which no specific, singular source in public international law is applicable or responsible. This book first examines the manner in which public international law, in particular international environmental law and customary public international law, is applicable to the question of funding for reconstruction and early warning systems by developed States and emerging markets. As the intensity and frequency of these events increases, so does the requirement for funding, with the aim of improving vulnerable States resilience to climate-related devastation. While there are several schemes in place in order to secure funding for either early warning systems or postdisaster reconstruction, such as donations or insurance solutions, there is no specific instrument in public international law that deals with the question of whether developed States and emerging markets have an obligation to financially assist disaster-prone developing States with regard to the establishment of early warning systems and reconstruction in the wake of natural disasters. This book also analyses the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims are largely dependent on the Sate and its capacity to organise and accept, if necessary, international humanitarian assistance. If the affected State refuses to do so, the consequences for the victims can be disastrous. With regard to humanitarian assistance, the book focuses on the application of human rights law on the international as well as regional levels, such as the African human rights system for example. In addition, the book outlines the doctrine of the responsibility to protect in this context and its practical limits in particular. As concerns the question of whether there is an obligation to provide early warning, this is assessed through an analysis of the case law of the European Court of Human Rights, also taking into account the jurisprudence of the Inter-American Human Rights system. Throughout its discussion of legal responsibility under international law resulting from climate change-induced natural disasters, this book takes into account the new developments around the International Law Commission's project on the "Protection of Persons in the Event of Disasters", which is now considered for treaty adoption.
Author: Doelle, Meinhard Publisher: Edward Elgar Publishing ISBN: 1788974026 Category : Law Languages : en Pages : 480
Book Description
This timely Research Handbook offers an insightful review of how legal systems Ð whether domestic, international or transnational Ð can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law.Ê International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.Ê
Author: Teena Gabrielson Publisher: Oxford University Press ISBN: 0191508411 Category : Political Science Languages : en Pages : 689
Book Description
Set at the intersection of political theory and environmental politics, yet with broad engagement across the environmental social sciences and humanities, The Oxford Handbook of Environmental Political Theory, defines, illustrates, and challenges the field of environmental political theory (EPT). Featuring contributions from distinguished political scientists working in this field, this volume addresses canonical theorists and contemporary environmental problems with a diversity of theoretical approaches. The initial volume focuses on EPT as a field of inquiry, engaging both traditions of political thought and the academy. In the second section, the handbook explores conceptualizations of nature and the environment, as well as the nature of political subjects, communities, and boundaries within our environments. A third section addresses the values that motivate environmental theorists—including justice, responsibility, rights, limits, and flourishing—and the potential conflicts that can emerge within, between, and against these ideals. The final section examines the primary structures that constrain or enable the achievement of environmental ends, as well as theorizations of environmental movements, citizenship, and the potential for on-going environmental action and change.
Author: Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
Author: Richard Lord
Author: Roda Verheyen
Author: Reinhard Mechler
Author: Monika Hinteregger
Author: André Nollkaemper
Author: U.S. Global Change Research Program
Author: Alexandra Birchler
Author: Doelle, Meinhard
Author: Teena Gabrielson