Environmental Law, Public Policies, and Climate Change: A Social-Legal Analysis in the Brazilian Context

2015 ◽  
pp. 973-982 ◽  
Author(s):  
Thiago Lima Klautau de Araújo
Keyword(s):  
Climate Change ◽  
Environmental Law ◽  
Public Policies ◽  
Legal Analysis

European and German Nature Conservation Instruments and their Adaptation to Climate Change—A Legal Analysis

2013 ◽  
Vol 10 (1) ◽  
pp. 54-71 ◽  
Author(s):  
Stefan Möckel ◽  
Wolfgang Köck
Keyword(s):  
Climate Change ◽  
Environmental Law ◽  
Policy Instruments ◽  
Conservation Policy ◽  
Legal Analysis ◽  
The European Union ◽  
Local Planning ◽  
Adaptation To Climate Change ◽  
Adaptation Measures ◽  
Legal Problems

The article discusses the most significant legal problems facing the makers of conservation policy in the European Union and in Germany in adapting biodiversity to climate change. In the introduction, we give an overview of the possible consequences of climate change for species and landscapes and propose a number of adaptation measures. We then analyse and discuss three issues relating to the policy instruments of European and German environmental law: 1. the problems associated with protected areas in terms of justification and flexibility; 2. the need for more biotope networks, especially in agriculturally dominated landscapes; and 3. the potential and shortcomings of regional and local planning instruments.

Climate Law and It’s Skeptics

2021 ◽  
pp. 1-7
Author(s):  
Peter H. Sand
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Legal Analysis ◽  
International Environmental Law ◽  
Future Evolution ◽  
Legal Development ◽  
International Climate ◽  
International Law Commission

‘Climate change law’ is an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over protracted resistance by prominent scholars insisting that ‘the cold-eyed application of legal analysis may be just as fruitful as the invention of a new vehicle such as “international environmental law”’. The episode touches on the core of international climate law and its future evolution. Expressly based on recognition of the intergenerational interest in conserving the quality of the Earth’s atmosphere, the International Law Commission (ILC) project may indeed encourage further legal development of a concept of planetary trusteeship, owed by States as public trustees to present and future citizens as the beneficiaries.

EU Climate Policy under the Paris Agreement

Climate Law ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 157-175
Author(s):  
Christoph Schwarte
Keyword(s):  
Climate Change ◽  
European Union ◽  
Environmental Law ◽  
Climate Change Policy ◽  
Paris Agreement ◽  
Leadership Role ◽  
Legal Analysis ◽  
The European Union ◽  
International Response ◽  
Change Policy

Abstract The European Union has long sought to play a leadership role in the international response to climate change. As part of the “European Green Deal”, it announced new wide-ranging plans to step up its ambition, and in December 2020 updated its mitigation target under the Paris Agreement to an at-least 55 per cent reduction by 2030 compared to the 1990 level. In this article, I provide a legal analysis of the new EU climate change policy as outlined in the European Commission’s Stepping Up Europe’s 2030 Climate Ambition (September 2020) in light of the Paris Agreement itself and other norms of international environmental law. I find that the European Union provides a degree of leadership in the implementation of the Paris Agreement, but that there are also areas of concern, in particular the missing notification of member states’ individual emission levels as part of a joint ndc under Article 4 of the Paris Agreement.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

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