Prospects for Climate Change Litigation in China

2019 ◽  
Vol 8 (02) ◽  
pp. 349-377 ◽  
Author(s):  
Yue Zhao ◽  
Shuang Lyu ◽  
Zhu Wang

AbstractWhile legal scholarship seeks mainly to assess the impact of climate change litigation (CCL) on the regulatory state and on climate change policy in common law countries, the potential influence of government climate policy on the judicial practices of jurisdictions with different legal traditions attracts much less attention. This article fills the gaps by exploring how courts in China, an authoritarian country with a civil law tradition, react to government climate policies and how this judicial response might affect relevant legal rules and eventually contribute to climate regulation. An empirical analysis of 177 Chinese judicial cases reveals that CCL in China consists mostly of contract-based civil actions steered by the government's low-carbon policies. Moreover, although the prospects of CCL against public authorities in China remain very bleak, there is scope for the emergence of tort-based CCL, backed by government policies. In this respect, recent tort-based public interest litigation on air pollution in China may serve as a substitute or, more promisingly, a gateway to the emergence of a tort-based branch of Chinese CCL.

Author(s):  
José María Valenzuela ◽  
Isabel Studer

Mexico’s low-carbon technology perspectives show lack of coherence with the rising ambition in climate change commitments, for which Mexico is internationally praised. The comparison of two recent energy reforms, corresponding to two administrations, explains this lack of coherence by, on the one hand, the permanence of a strong climate institutional framework devised as a means to increase energy security and, on the other hand, the political commitment to reduce electricity tariffs through the access to low-priced gas in North America. The chapter underscores the political economy trade-offs between the need for a strong climate commitment that provides a stable long-term energy transition pathway and the political and economic short-term benefits derived from low electricity tariffs.


Author(s):  
Karen Alvarenga Oliveira

This chapter examines the climate change policy of Brazil. In 2010 at the Sixteenth Conference of Parties in Cancún, Brazil announced its voluntary national target of significantly reducing greenhouse gas (GHG) emissions between 36.1 per cent and 38.9 per cent of projected emissions by 2020. These targets were defined in the Brazilian National Policy on Climate Change (PNMC). The PNMC establishes principles, guidelines, and economic instruments for reaching the national voluntary targets. It relies on sectoral plans for mitigation and adaptation to climate change in order to facilitate the move towards a low-carbon economy. The PNMC defined various aspects related to the measurement of goals, formulation of sectoral plans and of action plans for the prevention and control of deforestation in all Brazilian biomes, and governance structure.


2018 ◽  
Vol 13 (6) ◽  
pp. 064039 ◽  
Author(s):  
Xiang Gao ◽  
C Adam Schlosser ◽  
Charles Fant ◽  
Kenneth Strzepek

2020 ◽  
Vol 33 (11) ◽  
pp. 1380-1398
Author(s):  
Tuomas Ylä-Anttila ◽  
Antti Gronow ◽  
Aasa Karimo ◽  
James Goodman ◽  
Francesca da Rimini

2021 ◽  
Vol 14 (12) ◽  
pp. 597
Author(s):  
Yevheniia Antoniuk ◽  
Thomas Leirvik

The green bond market develops rapidly and aims to contribute to climate mitigation and adaptation significantly. Green bonds as any asset are subject to transition climate risk, namely, regulatory risk. This paper investigates the impact of unexpected political events on the risk and returns of green bonds and their correlation with other assets. We apply a traditional and regression-based event study and find that events related to climate change policy impact green bonds indices. Green bonds indices anticipated the 2015 Paris Agreement on climate change as a favorable event, whereas the 2016 US Presidential Election had a significant negative impact. The negative impact of the US withdrawal from the Paris agreement is more prominent for municipal but not corporate green bonds. All three events also have a similar effect on green bonds performance in the long term. The results imply that, despite the benefits of issuing green bonds, there are substantial risks that are difficult to hedge. This additional risk to green bonds might cause a time-varying premium for green bonds found in previous literature.


2013 ◽  
Vol 53 (2) ◽  
pp. 450
Author(s):  
Stephen Martin ◽  
Nathan Taylor

Policy uncertainty is a significant issue for all companies in the energy sector. It is particularly problematic when policy decisions are made to change the nature of the energy sector, both now and during the coming decades. Government climate change policy has the potential to reshape the exploration and development of both oil and gas reserves.The energy sector requires policy certainty to undertake long-term decisions. This can occur only when government makes socially sustainable, robust, and well-reasoned climate change policy. The core challenge is determining the merit of different choices given the magnitude of uncertainty that needs to be dealt with. Quantifying the uncertainty of technological innovation, future greenhouse gas emission costs, and capital and operating costs over time allows for the comparison of alternative policies to encourage the deployment of low-carbon technologies. A reliable and affordable supply of energy is a fundamental component to a vibrant economy. CEDA’s research project, Australia’s energy options, has sought to provide objective evidence for informed decision making. It has involved three policy perspectives examining Australia’s nuclear options: renewables and efficiency; unconventional energy options; and, a reform agenda that would enhance the energy sector’s efficiency, security, and effectiveness. This extended abstract builds on this extensive research and discusses how governments at all levels can deal with the uncertainty of climate change and make long-term decisions that will underpin investment decisions across the energy sector.


2018 ◽  
Vol 10 (12) ◽  
pp. 4420 ◽  
Author(s):  
Soo-Hyun Lee ◽  
Su-Yol Lee

Climate change is a challenging issue for government and society as well as in business circles; it has the potential to transform the competitive business environment entirely. This study analyzed the carbon efficiency of petrochemical companies subject to the Target Management System, a Korean carbon policy. The results of data envelopment analysis of 20 Korean petrochemical companies over three years yield some interesting findings. First, companies showed a wide range of carbon efficiency ranging from 0.05 (the least efficient) to 1.00 (the most efficient). Second, because this gap is so wide, the effect of the TMS carbon policy was not apparent. Third, pressure from media and financial investors facilitates carbon efficiency. Fourth, firms’ efforts toward low-carbon product/technology development also improve carbon efficiency. This study provides some implications for managers and policy-makers who wish to foster firms’ competitiveness and reduce greenhouse gas emissions at the same time.


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