scholarly journals Establishing a Governmental Duty of Care for Climate Change Mitigation: WillUrgendaTurn the Tide?

2015 ◽  
Vol 4 (2) ◽  
pp. 339-357 ◽  
Author(s):  
Josephine van Zeben

AbstractLiability for causing or failing to mitigate climate change has long been proposed as an alternative, or backstop, to lagging international cooperation. Thus far, there has been very limited success in holding governments or individuals responsible for the emission of greenhouse gases (GHGs) that are considered the primary cause of anthropogenic climate change. The recent landmark decision inUrgenda Foundationv.Government of the Netherlands (Ministry of Infrastructure and the Environment)breaks with this tradition. In June 2015, the Dutch District Court (The Hague) held that the current climate policies of the government are not sufficiently ambitious for it to fulfil its duty of care towards Dutch society. The judgment, and the accompanying order for the government to adopt stricter GHG reduction policies, raises important questions about the future of climate change liability litigation, the separation of powers between the judiciary and the legislature, and the effect of litigation on international climate change negotiation and cooperation.

Author(s):  
Albert Arhin

The mechanism of Reducing Emissions from Deforestation and Degradation plus conservation, sustainable forest management and enhancement of carbon stocks is emerging as one of the current efforts and actions being developed by the international climate change community to mitigate climate change. This chapter highlights the potentials as well as the challenges of this mechanism to reduce forest loss and improve the health and sustainability of the environment. Main potentials include its resolve to make trees worth more standing than cut, the transfer of funds to support conservation efforts and a focus on delivering social benefits. The main challenges include the less attention on unclear tenure and benefit-sharing framework; weak institutions and the complex historical, political and structural interests which have allowed powerful groups to expropriate the forest resources and trade-offs that may arise during implementation. It then outlines four broad areas where researchers can make contributions in national and local level policy-making and interventions related to REDD+.


Author(s):  
Deepa Badrinarayana

This chapter discusses India’s role in international climate law and its domestic law on climate change, and demonstrates the limits of its legal position in addressing climate-related threats. Climate change presents a complex challenge for India, which is reflected in its evolving set of climate change laws and policies. Aside from being one of countries most vulnerable to climate change, India is home to some of the world’s poorest people whose lives and property are threatened by climate change. The government has adopted various initiatives to comply with the Kyoto Protocol. The central national initiative on climate change is the National Action Plan on Climate Change (NAPCC). Action under NAPCC is premised on the principle of sustainable development, which for the purposes of climate change means achieving growth while at the same time minimizing greenhouse gas emissions.


2021 ◽  
Vol 21 (1) ◽  
pp. 64-78
Author(s):  
Yuri Yurievich Kovalev ◽  
Olga Sergeevna Porshneva

The article presents an analysis of the BRICS countries climate policies at the global and national levels. The authors consider the positions of these states within the framework of both international climate conferences (Conference of the Parties) held under the auspices of the UN since 1992, and the summits of BRICS member states in the years 2011-2020. The paper covers strategies and results of national climate policies implemented in these countries. Using structural, comparative, and content analysis methods, the authors emphasize that BRICS countries play a key role in stabilizing the climate of our planet today. It is impossible to achieve the main aim of the Paris Agreement without a comprehensive transformation of environmental practices in these societies. BRICS adheres to the principle of common but differentiated responsibilities in its position towards international climate policy; the BRICS countries stand for sustainable economic growth through the introduction of new environmental technologies, and against restrictive measures that impede their economic development. At the same time, the Russian economys dependence on the extraction and export of fuel resources complicates environmental transformation. Russia is dominated by a negative narrative of climate change, where the urgent ecological modernization of the economy is seen as a threat to key sectors (oil and gas) of the economy. The implementation of international agreements to reduce the carbon intensity of the Russian economy, the creation of conditions for the transition to climate-neutral technologies, would contribute not only to the fight against global climate change, but would become a powerful incentive for the modernization of the economy, accelerating innovation and increasing its competitiveness.


Politik ◽  
2013 ◽  
Vol 16 (3) ◽  
Author(s):  
Jakob Skovgaard ◽  
Lau Blaxekjær

This paper analyses the international climate negotiations from the so-called 2007 Bali Roadmap over the 2009 breakdown in negotiations at the UN climate summit COP15 to the following COP meetings with a focus on central issues and tendencies. e analysis is structured by applying the concepts of content and process as empirical and heuristic tools. is is used as the point of departure to analyse the road to Paris, where COP21 will be held in 2015 with the stated goal of reaching a global agreement corresponding to the previous goal of COP15, only now covering the period from 2020 onwards. e paper concludes that the recent COPs can be characterised by three overlapping discussions: How parties interpret and seek to imple- ment the principle of common but di erentiated responsibility, the principle of equity, as well as the question of real e ects of actions to mitigate climate change. 


2022 ◽  
Vol 3 ◽  
Author(s):  
Eerika Albrecht ◽  
Iikka Pietilä ◽  
Sanna-Riikka Saarela

This article examines the public perceptions on the drafting process of Finnish Climate Act amendment, which is a legislation on the climate policy that aims to mitigate climate change and secure adaptive capacity. In this paper we present results of a thematic analysis, which reveals citizens' perceptions of the procedural values, with respect to transparency, participation, and acceptance, and the objectives of the amendment, such as the climate neutrality target for 2035. The research data consisted of 2,458 answers to a citizen survey on the Finnish Climate Change Act amendment. Our results reveal that the opinions of citizens ranged from highlighting the urgency of political action to climate denials, with varying perceptions on process and proposed outcomes. While over half of citizens felt positively about the 2035 climate neutrality target created in the Climate Change Amendment Act, only a third believed that there was appropriate opportunity for public participation in the amendment process. Based on these findings, we suggest that participatory and transparent processes in legislative drafting are prerequisites for the sustainability transition and the implementation of international climate mitigation targets.


2018 ◽  
Vol 38 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Rajnish Saryal

Since the 1970s, and especially following the 1992 Rio Earth Summit, climate change has become an area of high politics, engaging the whole world at the international and diplomatic level. What matters, though, is how this translates into tangible policies at national and local levels, and how these different scales interact. Highlighting India’s unique position in international climate negotiations, this article first scrutinises various official statements and documents of the Government of India (GOI) on climate change and puts them into an analytical framework that demonstrates continuities, but also significant recent shifts. Investigating the reasons for such modifying trends and examining their consequences, the article then suggests that partly owing to recent changes in global and (geo)political contexts, but also due to an Indian re-thinking of responsibility for addressing global climate change, there is a significant new development. This seems to augur a South Asian ‘silent revolution’ in green technologies, a prudent, economically and ecologically beneficial step, not only for India but possibly a sustainable global model.


Author(s):  
Javier A´vila ◽  
Silvia Gonza´lez ◽  
Vicente Borja ◽  
Alejandro C. Rami´rez ◽  
Marcelo Lo´pez Parra

This paper describes the final results of a project aiming at addressing climate change by creating a GHG reduction platform for businesses with carbon management needs in global markets. The project was carried out during a New Product Development course in a bi-national program between The University of California at Berkeley (UCB) and the National University of Mexico (Universidad Nacional Auto´noma de Me´xico, UNAM) in Mexico City. The program features collaboration between the Engineering and Design Schools at UNAM and Engineering and Business Schools at UCB and the College of Architecture CCA. The project, The Carbon Collaborative (TCC) is aimed at consolidating and managing the wide variety of policies and instruments created by governments and environmental organizations to mitigate climate change, and the anthropogenic gas emissions emitted by industry in particular in the US and Mexico. Based on a web platform TCC will provide companies with information on carbon legislation and a centralized location to find transparent and certified methodologies for carbon emission assessment. The differences between the US and Mexican markets lead to advantages for each part. The US market is full of developed consulting enterprises, which is not the case in the Mexican arena, giving to TCC the opportunity of being pioneers to regulate and manage large and small emitters, government environmental agencies and ERP (Enterprise Resource Planning) companies.


2015 ◽  
Vol 6 (3) ◽  
pp. 448-453 ◽  
Author(s):  
Elbert R. de Jong

District Court of The Hague, 24 June 2015, The Urgenda Foundation v. The Netherlands, ECLI:NL:RBDHA:2015:7145The Dutch State has to ensure that the Dutch emissions in the year 2020 will be at least 25% lower than those in 1990.The parties agree that the severity and scope of the climate problem make it necessary to take measures to reduce greenhouse gas emissions. Based on the State's current policy, the Netherlands will achieve a reduction of 17% at most in 2020, which is below the norm of 25% to 40% for developed countries deemed necessary in climate science and international climate policy.With this order, the court has not entered the domain of politics. The court must provide legal protection, also in cases against the government, while respecting the government's scope for policymaking. For these reasons, the court should exercise restraint and has limited therefore the reduction order to 25%, the lower limit of the 25%-40% norm.


2021 ◽  
Vol 20 (2) ◽  
pp. 127-150
Author(s):  
Daniel Edward Callies ◽  
Darrel Moellendorf

With the significant disconnect between the collective aim of limiting warming to well below 2°C and the current means proposed to achieve such an aim, the goal of this paper is to offer a moral assessment of prominent alternatives to current international climate policy. To do so, we’ll outline five different policy routes that could potentially bring the means and goal in line. Those five policy routes are: (1) exceed 2°C; (2) limit warming to less than 2°C by economic de-growth; (3) limit warming to less than 2°C by traditional mitigation only; (4) limit warming to less than 2°C by traditional mitigation and widespread deployment of Negative Emissions Technologies (NETs); and (5) limit warming to less than 2°C by traditional mitigation, NETs, and Solar Radiation Management as a fallback. In assessing these five policy routes, we rely primarily upon two moral considerations: the avoidance of catastrophic climate change and the right to sustainable development. We’ll conclude that we should continue to aim at the two-degree target, and that to get there we should use aggressive mitigation, pursue the deployment of NETs, and continue to research SRM.


2022 ◽  
pp. 1195-1219
Author(s):  
Mohamed Ait-El-Mokhtar ◽  
Abderrahim Boutasknit ◽  
Raja Ben-Laouane ◽  
Mohamed Anli ◽  
Fatima El Amerany ◽  
...  

Morocco is considered one of the most threatened countries by climate change. Over the last century, oases ecosystems in this country showed a high vulnerability to climate variation, which has led to water scarcity, an increase in land salinity, and therefore, a decrease in agricultural production. Conscious of these issues, several solutions are initiated by the government to cope with climate change adverse effects. Many programs of rehabilitation were launched, and advanced researches are in progress in order to use some biofertilizers to improve tolerance of oasis crops to drought and salinity toward sustainable agriculture. The aim of this chapter is to give an overview of the impacts of climate change on oasis agriculture in Morocco and to provide potentially effective strategies to promote oasis agriculture under climate change. As a conclusion, the authors found that the use of different biofertilizers could be a potential strategy to mitigate climate change effects on oasis agriculture in Morocco.


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