climate change law Articles

  • The law, agency and global climate change

    Consideration of policy for addressing global climate change must start with a recognition of the conflicting interests of the industrialised and the developing nations. Effective resource management regimes require a structure of incentives that will induce nations with disparate interests to cooperate and to resist temptations to defect from international agreements. Agency theory offers ...


    By Inderscience Publishers

  • The changing climate for United States law

    Just a few years ago, the subject of American climate change law would not merit an article like this one, let alone the book that the American Bar Association has recently published on the subject.1 But the United States has changed, at least somewhat. At the moment, most important United States climate change law consists of state and local law, but there are signs that the federal government ...

  • Climate change, in the framework of the Constructal Law

    Here we present a simple and transparent alternative to the complex models of earth's thermal behaviour under time–changing conditions. We show the one–to–one relationship between changes in atmospheric properties and time–dependent changes in temperature and its distribution on earth. The model accounts for convection and radiation, thermal inertia and changes in albedo (ρ) and greenhouse factor ...


    By Inderscience Publishers

  • Against harmonisation – Regulatory competition in climate change law

    With climate change laws spreading fast across the globe, measures are underway to promote international harmonisation of States’ responses. Common assumption dictates that such harmonisation helps create a level playing field and hence contributes to international trade. In this contribution, I shall review whether that assumption holds (what are the attractions of regulatory competition in this ...

  • Geo-engineering, the Law of the Sea, and Climate Change

    Plans to address climate change increasingly include proposals for geo-engineering projects, whose effects are likely to be global, at best only partly predictable, not necessarily wholly benign, and extend beyond their objective. Geo-engineering proposals should receive detailed, precautionary scrutiny by the international community, which requires sophisticated international legal instruments ...


    By Lexxion, The Legal Publisher

  • Opinion: Sick of the Weather: Climate Change, Human Health and International Law

    The delightful sunshine and gentle warm breezes of early spring gave way to torrential summer rain and stormy winds in the UK. Not surprisingly, many of us are sick of the weather! In the future, however, this is an expression that may take on a more literal meaning. Our health and well-being may be increasingly threatened by climate change. This raises important new questions. Must we accept ...


  • Opinion: Implementing Climate Change Policy For Agriculture – What Role For The Law?

    Identifying instruments to implement climate change adaptation and mitigation policy has become a pressing issue both for environmental law and for environmental lawyers. We have seen the beginnings of a legislative approach (and an innovative one at that) in the UK with the Climate Change Act of 2008. The 2008 Act initially set 'legally binding targets' for carbon dioxide reduction from 1990 ...


  • Climate change law and litigation in the aftermath of Massachusetts v. EPA

    The case of Massachusetts v. EPA, decided in April 2007 by the U.S. Supreme Court, may be the most important case in the history of environmental law. The author says the Environmental Protection Agency's air program personnel are now straining to grapple with new, enormously consequential legal and policy questions in the aftermath of this ...


    By Bloomberg BNA

  • Book Reviews: Climate Change Forced Migration, and International Law

    Keywords: climate change, climate change-related movement, displacement, disappearing states, migration, international law, interna-tional refugee law, international human rights law Millions of people are likely to be uprooted by shoreline erosion, coastal flooding, and agricultural disruption. This book examines how climate change may affect patterns of human mobility and whether ...


  • The Corporate Risk of Climate Change

    We all know climate change is happening. And we here at TriplePundit spend a lot of time making the business case for action. There are indeed many reasons for companies to respond to the threat. Those near the coast might face flooding, and those with production overseas could see disruption in supply. However, when it comes to reporting on this risk — there are few benefits to making the ...


    By Triplepundit

  • From UN-ity to diversity? The UNFCCC, the Asia-Pacific partnership, and the future of international law on climate change

    The creation of the Asia-Pacific Partnership on Clean Development and Climate (AP6) is part of a broader trend that has emerged in recent years, of States negotiating plurilateral, non-legally binding agreements outside of the United Nations Framework Convention on Climate Change. If this trend persists, there could be important ramifications for the future of international law on climate change. ...

  • Book review: Local climate change law: Environmental regulations in cities and other localities

    Keywords:climate change, local government,sustainable development, North American environmental law, cities and climate change adaptation and ...


  • Book review: Local Climate Change Law: Environmental Regulations in Cities and Other Localities

    Keywords: climate change, local government, sustainable development, North American environmental law, cities and climate change adaptation and mitigation How are climate change law and policies implemented? There has been much discussion and a great deal has been written, including in this journal, about climate change. Many policies and increasing regulation have been implemented to ...


  • Heating up international trade law: Challenges and opportunities posed by efforts to combat climate change

    For many years, the relationship between international trade and environmental rules has been on the agenda of the World Trade Organization (WTO) and elsewhere. In a few celebrated decisions, discussed below, the WTO Appellate Body has interpreted several of the WTO provisions that apply to this interface. Nonetheless, a number of issues remain unresolved. The current momentum behind climate ...

  • Allocation of ecologically allowable carbon emissions to countries as a key to more effective post–Kyoto Protocol climate change mitigation law

    The paper proposes novel carbon indicators as effective control instruments to design the post–Kyoto Protocol climate change mitigation law. The allocation of Ecologically Allowable Carbon Emissions (EACE) to countries show that a group of countries needs no emissions reductions today because their actual carbon emissions are below the EACE. The presented approach offers improved flexibility ...


    By Inderscience Publishers

  • Applying the Endangered Species Act to global climate change

    While it may have been inevitable that the Endangered Species Act would be invoked to redress species threatened by global warming, the authors of this article say there may be no practical way to administer the law to address the vast international habitats and foreign relations problems raised by global climate change. The authors argue that now that the polar bear has been listed, its survival ...


    By Bloomberg BNA

  • The Climate Change Convention: how it was made and what it means

    This paper describes the origins and intentions of the Climate Change Convention which was opened for signature at the UN Conference on Environment and Development (UNCED) last year.Keywords: Climate Change Convention, European Community, financial resources, Framework Convention, international law, Intergovernmental Panel on Climate Change, IPCC, OECD, technology transfer, UNCED, United Nations, ...


    By Inderscience Publishers

  • Forecast: Brazil - national climate change plan

    Law 12.187 of 29 December 2009 institutes the National Climate Change Policy of Brazil. While debate rages on over whether or not Copenhagen was effective, Brazil has taken a meaningful step to reduce its projected greenhouse gases (GHGs) emissions by approximately 37% by 2020. Much of this reduction will come from cuts in deforestation rates. In addition, projected anthropogenic emissions will ...

  • Will the climate change landscape shift with Obama at the helm?

    Those with a vested interest in energy, the environment and climate change are probably well aware of President-elect Barack Obama’s position?. The Obama-Biden ticket campaigned with an aggressive environmental platform that includes implementation of an economy-wide cap-and-trade program to reduce greenhouse gas emissions 80 percent by 2050. The proposed cap-and-trade policy will require all ...


    By CSA Standards

  • Legislation: The Climate Change Act 2008 - Will it do the Trick?

    Buried at the heart of a banquet for bureaucrats, of targets, budgets, and reporting requirements which together make up the first two Parts of the Climate Change Act, lies an old fashioned, some would say British, aspiration to do the right thing. Pragmatism is also part of it, as perhaps is recognised by the Climate Change Committee ('CCC')1 when they say, It is difficult to imagine a global ...


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