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This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
REDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so. This Handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analysing how and to what extent it is embedded in the international legal framework. Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN clim...
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
"This book investigates the concept of sustainable development, its understanding in legal theory and its implementation and enforcement in international law and domestic legal systems." --introd.
The Paris Agreement fundamentally alters the reach and scope of the international climate change regime. This book provides the first legal commentary to the Agreement's articles, putting them in context and detailing how they are to be understood and put into action.
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.
This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.