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Adjudicating Climate Change
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Book Synopsis Adjudicating Climate Change by : William C. G. Burns
Download or read book Adjudicating Climate Change written by William C. G. Burns and published by Cambridge University Press. This book was released on 2009-07-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.
Book Synopsis Climate Change Justice by : Eric A. Posner
Download or read book Climate Change Justice written by Eric A. Posner and published by Princeton University Press. This book was released on 2010-02-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative contribution to the climate justice debate Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should—indeed, must—directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement and efforts to improve economic justice. But they make a powerful case that the best—and possibly only—way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work—a forward-looking agreement that requires every country to make greenhouse-gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world.
Book Synopsis Science and Judicial Reasoning by : Katalin Sulyok
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Book Synopsis Climate Change, Coming Soon to a Court Near You by : Asian Development Bank
Download or read book Climate Change, Coming Soon to a Court Near You written by Asian Development Bank and published by . This book was released on 2020 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.
Book Synopsis International Judicial Practice on the Environment by : Christina Voigt
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Book Synopsis Climate Change Litigation: Global Perspectives by : Ivano Alogna
Download or read book Climate Change Litigation: Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Comparative Climate Change Litigation: Beyond the Usual Suspects by : Francesco Sindico
Download or read book Comparative Climate Change Litigation: Beyond the Usual Suspects written by Francesco Sindico and published by Springer Nature. This book was released on 2021-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Book Synopsis Climate Change Litigation in the Asia Pacific by : Jolene Lin
Download or read book Climate Change Litigation in the Asia Pacific written by Jolene Lin and published by Cambridge University Press. This book was released on 2020-10-29 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
Book Synopsis The Oxford Handbook of Distributive Justice by : Serena Olsaretti
Download or read book The Oxford Handbook of Distributive Justice written by Serena Olsaretti and published by Oxford University Press. This book was released on 2018 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.
Book Synopsis Courts and the Environment by : Christina Voigt
Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Book Synopsis Climate Change Liability by : Richard Lord
Download or read book Climate Change Liability written by Richard Lord and published by Cambridge University Press. This book was released on 2011-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.
Book Synopsis Climate Change and Indigenous Peoples in the United States by : Julie Koppel Maldonado
Download or read book Climate Change and Indigenous Peoples in the United States written by Julie Koppel Maldonado and published by Springer. This book was released on 2014-04-05 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.
Book Synopsis Climate Change Litigation by : Jacqueline Peel
Download or read book Climate Change Litigation written by Jacqueline Peel and published by Cambridge University Press. This book was released on 2015-04-09 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.
Book Synopsis International Climate Change Law by : Daniel Bodansky
Download or read book International Climate Change Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Pursuit of a Brave New World in International Law by : Tiyanjana Maluwa
Download or read book The Pursuit of a Brave New World in International Law written by Tiyanjana Maluwa and published by BRILL. This book was released on 2017-01-10 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon his inspirational role, this book is a testament to the enduring contributions he has made to international law and international human rights law and policy by colleagues he has mentored, worked or collaborated with, or simply inspired.
Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Book Synopsis Environmental Interests in Investment Arbitration by : Flavia Marisi
Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
