The Oxford Handbook of International Climate Change Law.pdf
Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. The Oxford Handbook of International Climate Change Law provides an unprecedented and authoritative overview of all aspects of international climate change law as it currently stands, with guidance for how it should develop in the future. Over forty leading scholars and practitioners set out a comprehensive understanding of the legal issues that surround this vitally important but still emerging area of international law. This book addresses the major legal dimensions of the problems caused by climate change: not only in the content and nature of the international legal frameworks, which need implementation at the national level, but also the development of carbon trading systems as a means of reducing the costs of meeting emission reduction targets. After an introduction to the field, the Handbook assesses the relevant institutions, the key applicable principles of international law, the international mitigation regime and its consequences, and climate change litigation, before providing perspectives focused upon specific countries or regions. The Handbook will be an invaluable resource for scholars, students, and practitioners of international climate change law. It provides readers with diverse perspectives, bringing together interpretations from different disciplines, countries, and cultures.
Richard Tarasofsky is the Head of the Sustainable Development Programme at at the Royal Institute of International Affairs (Chatham House) in London in the UK. The Programme is one of the world's leading interdisciplinary research centres for a wide range of major international environmental, business, and energy policy issues. Prior to joining Chatham House in January 2004, Mr. Tarasofsky worked in private practice as an international lawyer specialising in sustainable development, working with governments, international organizations, and non-governmental organizations around the world. His areas of expertise include the sustainable development aspects of globalization, global governance, intellectual property rights, biodiversity, forests, marine environment - at both international and European levels. Mr. Tarasofsky also worked from 1993-1998 as a Legal Officer at the Environmental Law Centre of IUCN - The World Conservation Union.
PART I - INTRODUCTION ; 1. International Climate Change Law - Mapping An Emerging Field of International Law ; 2. Climate Change and its Place in the Corpus of International Environmental Law ; 3. Science and Climate Change Law - the Role of the IPPC in International Decision-Making ; 4. Economics and International Climate Change Law ; PART II - INSTITUTIONAL ; 5. 5.e UNFCCC The United Nations Framework Convention on Climate Change - the Basis for the Climate Change Regime ; 6. Compliance under a post-2020 Climate Regime ; 7. Financing and Investment on Climate Change ; PART III - CLIMATE CHANGE - PRINCIPLES AND EMERGING NORMS CONCEPTS IN INTERNATIONAL LAW ; 8. Precaution ; 9. Inter-generational Equity ; 10. Common Concern of Humankind ; 11. Human Rights Principles and Climate Change ; PART IV - SETTING UP THE INTERNATIONAL MITIGATION REGIME: CONTENTS AND CONSEQUENCES ; 12. International Market Mechanisms ; 13. Legal Frameworks for Linking National ET Regimes ; 14. Carbon Leakage and the Migration of Private CO2 Emitters to Other Jurisdictions ; 15. National Measures and WTO Consistency ; 16. The Design and Implementation of Greenhouse Gas Emm issions Trading ; 17. International Law and the Renewable Energy Sector ; 18. Intellectual Property and Climate Change, with an Emphasis on Patents and Technology Transfer ; PART V - CLIMATE CHANGE LITIGATION ; 19. International Dispute Settlement ; 20. The Role of Science in Adducing Evidence of Climate Change ; 21. Climate Change and Damages ; 22. Human Rights and Climate Change Litigation ; PART VI - LIVING WITH CLIMATE CHANGE AND CLIMATE CHANGE ADAPTION MEASURES ; 23. Climate Change related Displacement of Persons ; 24. Climate, Oceans and the Law of Special and General Adaptation ; 25. Forestry and Agriculture under the UNFCCC: A Jigsaw Waiting to be Assembled? ; 26. Climate Change & Disaster Law ; PART VII - REGIONAL AND COUNTRY-SPECIFIC PERSPECTIVES ; 27. United States Climate Change Law ; 28. Climate Change Law and Policy in China ; 29. European Union Climate Change Law: Biting or Hiding? ; 30. Climate Change Law and Policy in India ; 31. Russian Law on Climate Change ; 32. Climate Change Law and Policy in Brazil ; 33. The Least Developed Countries and Climate Change Law ; 34. Small Islands and the Big Issue: Climate Change and the Role of the Alliance of Small Island States - A Historical Perspective