Zusammenfassung
Die Zahl von Klimaklagen wächst weltweit. Doch viele scheitern bereits an prozessualen Hürden, bevor es überhaupt zu einer Verhandlung über den Sachverhalt kommt. Der Essay ...beschäftigt sich insbesondere mit dem People’s Climate Case, der auf europäischer Ebene geführt und relativ umstandslos abgewiesen wurde, und zeigt, warum es in Deutschland trotz der Ratifizierung der Aarhus-Konvention durch die Bundesregierung im Jahr 2007 bis heute schwierig ist, mit Klagen für den Umweltschutz zu kämpfen.
This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, ...principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
In 2015, parties to the United Nations Framework Convention on Climate Change (UNFCCC) formally closed negotiations on measures to maintain and enhance the carbon storage capacity of forests in ...developing countries, commonly referred to as ‘REDD+’. This unusual and largely symbolic gesture seemingly signals that UNFCCC parties consider the international set of rules on REDD+ a ‘job done’, at least for the time being. This article reflects on the outcome of these negotiations and on the related lawmaking process, arguing that REDD+ may be regarded as the first ripe fruit in the pledge‐and‐review architecture recently enshrined in the Paris Agreement. REDD+ is therefore used in this article as a lens to understand how the new architecture for climate change governance may work, as well as challenges facing its implementation. In doing so, the article aims to shine a light on the path ahead for the Paris Agreement, making predictions on challenges likely to emerge with its implementation, the solutions that may be adopted, as well as areas where more international rules may be needed.
Sustainable Ocean Resource Governance offers perspectives on the legal interface between sustainable economic growth, effective marine resource management and environmental protection of the sea.
In Legal Regimes for Environmental Protection the editors offer important new insights into the legal questions on tackling climate change and the legal instruments available to address maritime ...environmental problems.
The issue of ‘loss and damage’ has proven to be a legally and politically challenging one within the international climate change regime. This article presents a brief history of the issue, and ...reviews related Paris outcomes, focusing on the issues of compensation and liability, governance, financial support, insurance and displacement. It concludes that despite paragraph 51 of Decision 1/CP.21 adopting the Paris Agreement, all options remain open for the development of a system under the climate regime that can address the underlying concerns raised by small island developing States and others in calling for a system of compensation and liability. In the context of the 1.5 °C temperature limit and increasing climate impacts, this article also highlights the need for the Warsaw International Mechanism to play an active role in quantifying the scale of loss and damage that is projected from human‐induced climate change in different regions and in different national contexts, over different time frames and at different emission pathways, and in sharing developments in attribution science, to help in the design of approaches to address loss and damage that are suited to assisting the most vulnerable developing country parties and to underscore the need for urgent emission reductions.
The issue of ‘loss and damage’ has proven to be a legally and politically challenging one within the international climate change regime. This article presents a brief history of the issue, and ...reviews related Paris outcomes, focusing on the issues of compensation and liability, governance, financial support, insurance and displacement. It concludes that despite paragraph 51 of Decision 1/
CP
.21 adopting the Paris Agreement, all options remain open for the development of a system under the climate regime that can address the underlying concerns raised by small island developing States and others in calling for a system of compensation and liability. In the context of the 1.5 °C temperature limit and increasing climate impacts, this article also highlights the need for the Warsaw International Mechanism to play an active role in quantifying the scale of loss and damage that is projected from human‐induced climate change in different regions and in different national contexts, over different time frames and at different emission pathways, and in sharing developments in attribution science, to help in the design of approaches to address loss and damage that are suited to assisting the most vulnerable developing country parties and to underscore the need for urgent emission reductions.
Customary international law has that countries may do each other no harm. A country violates this rule if an activity under its control does damage to another country, and if this is done on purpose ...or due to carelessness. Impacts of climate change fall under this rule, which is reinforced by many declarations and treaties, including the UNFCCC. Compensation for the harm done depends on many parameters, such as emission scenarios, climate change, climate change impacts and its accounting. The compensation paid by the OECD may run up to 4% of its GDP, far exceeding the costs of climate change to the OECD directly. However, the most crucial issues are, first, from when countries can be held responsible and, second, which emissions are acceptable and which careless. This may even be interpreted such that the countries of the OECD are entitled to compensation, rather than be obliged to pay. State responsibility could substantially change international climate policy.
Focuses on state obligations to conduct & enhance adaptation measures & the financial obligations for developed countries to bear the cost of these measures, which were presented under the United ...Nations Framework Convention on Climate Change (UNFCCC, 1992) & the Kyoto Protocol (1997). In order to avoid future conflicts & develop institutional structures & rules to ensure effective implementation of the obligations, it is argued that further developments based on science & sensible negotiations must occur. The Marrakesh Ministerial Declaration (2001) is regarded as a stepping stone for further study as it highlights links between development & climate change, reaffirms development & poverty as priorities, & encourages states to explore the synergies between UNFCCC & the conventions on biodiversity & desertification. I. Sharp
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