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This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.
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 volume examines environmental law and governance in the Pacific, focussing on the emerging challenges this region faces. Fourteen Pacific Island countries, and a broad range of themes, such as deep-sea mining, fisheries, protected areas, heritage, endangered species, human rights and access to justice, are addressed in the volume.
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.
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.
Climate change governance is in a state of enormous flux. New and more dynamic forms of governing are appearing around the international climate regime centred on the United Nations Framework Convention on Climate Change (UNFCCC). They appear to be emerging spontaneously from the bottom up, producing a more dispersed pattern of governing, which Nobel Laureate Elinor Ostrom famously described as 'polycentric'. This book brings together contributions from some of the world's foremost experts to provide the first systematic test of the ability of polycentric thinking to explain and enhance societal attempts to govern climate change. It is ideal for researchers in public policy, international relations, environmental science, environmental management, politics, law and public administration. It will also be useful on advanced courses in climate policy and governance, and for practitioners seeking incisive summaries of developments in particular sub-areas and sectors. This title is also available as Open Access on Cambridge Core.
This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.
Climate change is one of the most pressing problems facing the global community. Although most states agree that climate change is occurring and is at least partly the result of humans’ reliance on fossil fuels, managing a changing global climate is a formidable challenge. Underlying this challenge is the fact that states are sovereign, governed by their own laws and regulations. Sovereignty requires that states address global problems such as climate change on a voluntary basis, by negotiating international agreements. Despite a consensus on the need for global action, many questions remain concerning how a meaningful international climate agreement can be realized. This book brings together leading experts to speak to such questions and to offer promising ideas for the path toward a new climate agreement. Organized in three main parts, it examines the potential for meaningful climate cooperation. Part 1 explores sources of conflict that lead to barriers to an effective climate agreement. Part 2 investigates how different processes influence states’ prospects of resolving their differences and of reaching a climate agreement that is more effective than the current Kyoto Protocol. Finally, part 3 focuses on governance issues, including lessons learned from existing institutional structures. The book is unique in that it brings together the voices of experts from many disciplines, such as economics, political science, international law, and natural science. The authors are academics, practitioners, consultants and advisors. Contributions draw on a variety of methods, and include both theoretical and empirical studies. The book should be of interest to scholars and graduate students in the fields of economics, political science, environmental law, natural resources, earth sciences, sustainability, and many others. It is directly relevant for policy makers, stakeholders and climate change negotiators, offering insights into the role of uncertainty, fairness, policy linkage, burden sharing and alternative institutional designs.
This book presents an overview of the field of environmental law and policies within the European Union, from theoretical foundations to major issues and applied governance solutions. Drawing on expertise from renowned academics and practitioners from different disciplines, EU Environmental Governance: Current and Future Challenges helps readers to understand the main legal, political and economic issues of environmental protection since the adoption of the Paris Agreement by the European Union in 2015, until the 2020 Brexit, European Green Deal and coronavirus outbreak. The authors examine a broad range of sensitive and topical environmental issues including climate change, air pollution, waste management and circular economy, nuclear waste, biodiversity, agriculture, chemicals, nanotechnology, the environmental impacts of trade and environmental conflicts, presenting both current insights and future challenges. Overall, this volume exposes the reader to a vast array of empirical case studies, which will bolster their training and help tackle the environmental challenges faced by Europe today. This book is a valuable resource for students, researchers and policymakers across a broad range of fields, including environmental law and policies, environmental economics, climate science and environmental sociology.