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Climate Law in Australia provides the first extended account of Australia's new climate law. It examines key federal and state legislation and the main cases brought before Australian courts. It combines incisive legal analysis with a deep understanding of climate-related issues and policy. The authors include leading academics such as Professors Robyn Eckersley, David Farrier, Rob Fowler and Jan McDonald, and leading practitioners such as Charles Berger, Kirsty Ruddock, Chris McGrath, Allison Warburton and Martijn Wilder. The editors are Professor Tim Bonyhady, Director of the Australian Centre for Environmental Law at the Australian National University, and Dr Peter Christoff of the University of Melbourne and Vice President of the Australian Conservation Foundation. The book examines pivotal issues in Australian climate law and policy - the Kyoto Protocol and its alternatives, emissions targets, carbon trading, geosequestration, nuclear decision-making, adaptation to climate change and legal liability. It contains detailed analysis of the leading cases involving the Hazelwood power station, the Anvil Hill, Xstrata and Bowen Basin coal mines, and the Bald Hills and Taralga wind farms. Climate Law in Australia explores both the need for conventional legal regulation and the potential of economic responses to climate change. It shows how climate law has grown in Australia - and how far the law still has to go.
Provides a comprehensive guide to climate change law in Australia and internationally, focusing on Australia's implementation of climate-related treaties.
Climate change is one of the most serious global challenges facing humankind. Climate change has enormous environmental and economic implications, and finding a solution is a daunting task. The purpose of this book is to look at the global problem of climate change through the prism of an individual country's attempt to tackle this problem. This book begins with a discussion of the origins of climate change and the evolution of the international response to climate change. Key climate change mitigation actions and policies are considered to provide the necessary framework for analysing Australia's approach to climate change. Australia's climate change policy development is considered from a historical perspective. The book traces the evolution of the response to climate change, focusing on Australia as one of the Federal countries unable to adequately reduce greenhouse gas emissions due to the systematic failure of the Australian government to develop a common and effective approach to the problem of climate change. The book will be of interest to scholars and students of environmental law and the contemporary International and Australian climate change law.
The environment has not always been protected by law. It was not until the middle of the 20th century that ‘the environment’ came to be understood as an entity in need of special care, and the law-politics duo firmly fixed its focus on this issue. In this book Wickham and Goodie tell the story of how law and politics first came upon the environment as an object in need of special attention. They outline the unlikely intersection of aesthetics and science that made ‘the environment’ into the matter of great concern it is today. The book describes the way private common-law strategies and public-law legislative strategies have approached the task of protecting the environment, and explore the greatest environmental challenge to have so far confronted environmental law and politics; the threat of global climate change. The book offers descriptions of many of the strategies being deployed to meet this challenge and present some troubling assessments of them. The book will be of great interest to students, teachers, and researchers of environmental law, socio-legal studies, environmental studies, and political theory.
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
'This book is a useful addition to our literature on climate change law, with its focus on climate change at the local level. It examines how local governments, municipalities and city authorities address climate change through law and policy, and the problems/constraints faced in mitigation and adaptation at the local level. The 15 contributors have thoughtfully and critically analysed the issues from intellectual as well as practical perspectives, drawing on the experiences of North America as well as the EU, China, Australia and South Africa. The reader is left with deeper insights and suggestions for the way forward.' – Irene Lin Heng Lye, National University of Singapore 'This volume offers a thorough exploration of the challenges and opportunities for local governments in many parts of the world to mitigate and adapt to climate change.' – Laura Watchmann, LEED AP-ND, Executive Director, NALGEP 'As the international climate consensus is fading, the focus has shifted from the global to the local. This book is timely and ground-breaking as it frames a new subject of legal study and proves the dramatic surge of local climate action. A must-read.' – Klaus Bosselmann, University of Auckland, New Zealand Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study.
As the challenge of climate change begins to impact upon all aspects of everyday life, the need for a wider approach to its legal implications is never more urgent. This unique text from some of the country's top legal academics as well as Stanford University's Professor Armin Rosencranz, illustrates with disturbing clarity how legal policy, litigation, investment, corporations law, labor law, property law, international law, and WTO law all intersect with the enviornmental legal framework when considering the impacts of climate change.
An innovative volume that covers all the common topics of climate law currently debated in the global academic community.