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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
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.
"The Federal Court and Federal Court of Appeal are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as bilingual and bijural. This book was prepared for the celebration of the 50th anniversary of the Federal Courts of Canada in 2021. Seventy-eight current and retired judges on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noèel and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Dâecary."--
A solution to the problem of climate change requires close international cooperation and difficult reforms involving all states. Law has a clear role to play in that solution. What is not so clear is the role that law has played to date as a constraining factor on state conduct. International Climate Change Law and State Compliance is an unprecedented treatment of the nature of climate change law and the compliance of states with that law. The book argues that the international climate change regime, in the twenty or so years it has been in existence, has developed certain normative rules of law, binding on states. State conduct under these rules is characterized by generally high compliance...
A synthesis of the relevant agreements, customary norms and ongoing discussions on the international law on climate change.
10 Climate governance accountability challenges: Lessons from multilateral climate finance -- 11 Co-producing climate-smart agriculture knowledge through social networks: Future directions for climate governance -- 12 International climate change policy and the contribution of civil society organizations -- Afterword: The long road to Paris: Insider and outsider perspectives -- Index.
Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.
Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Most governments have established procedures to appraise the environmental impacts of proposed activities. The focus of these environmental assessment procedures has long been on local environmental issues, such as air, water, and land pollution, which have a direct and concrete effect on communities. In recent years, however, these procedures have increasingly been used to consider how activities could result in the emission of greenhouse gases and exacerbate climate change. Environmental Assessment as a Tool for Climate Change Mitigation builds on a broad survey of over one hundred national environmental assessment practices - legislation, guiding documents, cases, and administrative pract...