scholarly journals Federalism and Mitigating Climate Change: The Merits of Flexibility, Experimentalism, and Dissonance

2021 ◽  
pp. 1-29
Author(s):  
Johannes Reich

Abstract Federalism is ostensibly misplaced to mitigate climate change as a global public concern as it is prone to import the inadequate incentive structures existing at the international level into the domestic domain. Drawing from the legal structures and procedures of Swiss federalism, this article attempts to provide a more nuanced assessment of the relationship between laws designed to mitigate climate change and federalism. It seeks to demonstrate that federalism may support effective policies to mitigate climate change, provided that the architecture of domestic climate change law meets certain criteria. These include considerable federal powers, a degree of institutional flexibility, robust formal channels of influence for subnational actors on policy formulation at the federal level, ample room for regulatory experimentalism at the lower layers of federalism, and the ‘right to act’ conferred on the Federation to avoid political impasse among the constituent units.

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.


2019 ◽  
Vol 11 (8) ◽  
pp. 2273
Author(s):  
Enrico Maria de Angelis ◽  
Marina Di Giacomo ◽  
Davide Vannoni

The paper investigates the relationship between economic growth and environmental quality in the context of the Kuznets curve, which foresees that growth, while initially causing negative externalities for the environment, eventually can be seen also as the solution to environmental degradation. The novelty of the paper is to analyze the role of environmental policies, and in particular the use of market-based and non-market instruments to challenge the pollution plague and mitigate climate change. The results of fixed effects estimates on a sample of 32 countries observed for the period 1992–2012 show the existence of an inverted U-shaped relationship between per capita gross domestic product (GDP) and per-capita CO2 emissions for the quadratic specification, as well as of an N-shaped pattern for the cubic specification. Most importantly, the stringency indexes, i.e., the proxies used to account for environmental regulation, exhibit negative and strongly significant coefficients, suggesting that the policies are effective in reducing environmental damages associated with economic growth.


2013 ◽  
Vol 3 (3) ◽  
pp. 40-64 ◽  
Author(s):  
Talia Raphaely ◽  
Dora Marinova ◽  
George Crisp ◽  
Jordan Panayotov

Many think that eating meat is nutritionally necessary and beneficial. Industrialising livestock production provides meat that is often “cheaper” than fruit and vegetables. In reality, this has come at a cost for human, animal and ecological welfare. Western mainstream meat consumption is a leading cause of increasing ill-health, diabetes, cancers, non-communicable and chronic diseases, malnourishment, obesity, antibiotic resistance, spread of infectious diseases, hunger and possible global epidemics as well as climate change, biodiversity loss, water and land degradation. Rather than stop this, vested interests continue to promote meat consumption. If people are deliberately misinformed or have no access to reliable information, what chance do they have to make the right food choices? This paper outlines flexitarianism (flexible vegetarianism) as a personal user-driven opportunity to combat the geopolitical and industrial duplicity about meat. Consumers should have enough information about the implications of their nutritional choices. In addition to health benefits, flexitarianism can help mitigate climate change, environmental and social destruction and reduce animal suffering. The proposed information policy interventions are assessed against their impact on key stakeholders and overall value for public health and environmental wellbeing. They offer an opportunity to reclaim personal health and improve the health of the planet.


2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Deni Bram

The issue of climate change has become a central point of attention the world community on this century. In scientists view says that if we fail to make significant reductions in greenhouse gas emissions for ten to twenty years ahead, we face the possibility of harmful environmental disaster at the end of this century. Legal instruments at international level which is present as a step to mitigate climate change were felt only in the interests of developing countries alone that puts the asymmetric advantage. The concept of climate justice is felt not touched so that the regime to combat climate change often fail in the fulfillment of justice for present and future.Keywords: climate change, intergenerational equity, intra generational equity


Author(s):  
Alix Dietzel

Chapter Three completes the climate justice account by defining three demands of justice required to meet a condition of justice in the case of climate change. These three demands are considered normative principles that must underwrite a more just global response to climate change. The chapter is organised into three parts, each one developing a demand of justice. The first part of the chapter concerns the right to health and sets out a minimum set of actions that must be pursued in order to protect this right. Part two of the chapter conducts relational analysis by exploring the relationship between developed countries and less developed countries and puts forward that states should be held to account for climate change action according to both their emissions levels and wealth levels. Finally, the third part of the chapter conducts relational analysis of the relationship between those who cause climate change and those who suffer from its effects, and makes the case that responsible actors extend beyond states to all capable actors, including individuals, firms, sub-state entities, international institutions, and states, irrespective of the country they live or exist in.


2021 ◽  
Author(s):  
◽  
Ushana Jayasuriya

<p>Climate change presents a global problem that requires collective action. Distributing obligations in relation to this has proven problematic, especially in light of the divide between wealthy and developed states compared to poor and developing states. The norm of sustainability requires states to continue to protect and promote sustainable actions. This comes into direct conflict with the right to develop when considering how to mitigate climate change. The right to develop requires the use of limited resources now, whereas the norm of sustainability argues that these resources must be protected for both environmental protection and intergenerational justice. Intragenerational justice requires us to consider whether actions that protect the future may be causing greater injustice within the present generation. In this thesis, I discuss the important potential distribution principles, with considerations of historic responsibility, uncertainty, and the ability to pay principles. I then use this foundation to explore how a right to develop can fit within the balance of intergenerational and intragenerational justice. I also include the context of non-ideal theory as a means of making the discussion more relevant to the real-world situation we find ourselves in, with the partial and non-compliance of many states. I conclude that, within the context of non-ideal theory, there is a right to develop but currently it ought to be limited to a basic needs threshold if we wish to justly distribute obligations between and across generations.</p>


2021 ◽  
Author(s):  
◽  
Ushana Jayasuriya

<p>Climate change presents a global problem that requires collective action. Distributing obligations in relation to this has proven problematic, especially in light of the divide between wealthy and developed states compared to poor and developing states. The norm of sustainability requires states to continue to protect and promote sustainable actions. This comes into direct conflict with the right to develop when considering how to mitigate climate change. The right to develop requires the use of limited resources now, whereas the norm of sustainability argues that these resources must be protected for both environmental protection and intergenerational justice. Intragenerational justice requires us to consider whether actions that protect the future may be causing greater injustice within the present generation. In this thesis, I discuss the important potential distribution principles, with considerations of historic responsibility, uncertainty, and the ability to pay principles. I then use this foundation to explore how a right to develop can fit within the balance of intergenerational and intragenerational justice. I also include the context of non-ideal theory as a means of making the discussion more relevant to the real-world situation we find ourselves in, with the partial and non-compliance of many states. I conclude that, within the context of non-ideal theory, there is a right to develop but currently it ought to be limited to a basic needs threshold if we wish to justly distribute obligations between and across generations.</p>


Ekonomika ◽  
2020 ◽  
Vol 99 (1) ◽  
pp. 6-25
Author(s):  
Violeta Klyviene ◽  
Angele Kedaitiene

The article aims at ascertaining the relationship between indicators affecting the green economic growth of the Eurozone countries. Despite extensive research, scientists have not yet found a clear answer as to whether economic growth and climate change mitigation can be aligned. Another important aspect of the study was to investigate the possible effect of environmental policies on macroeconomic variables such as GDP, investment, employment, and trade. The authors of the article applied the PVAR econometric model to measure the impact of energy consumption, CO2 emissions, and some of the macroeconomic indicators on GDP growth in 19 countries of the Eurozone for years 2000–2016.Based on the results, we cannot yet state explicitly that economic growth in the Eurozone countries has been decoupled from climate change mitigation; however, green transition is on the right track.


2020 ◽  
Author(s):  
María Teresa Montalvo Romero ◽  
Ana Paola Román Hernández

RESUMEN: En la primera década del siglo XXI, el fenómeno del cambio climático ha ocasionado una serie de desastres naturales, que han puesto en entredicho, la actuación de las instituciones gubernamentales en materia de protección a los refugiados ambientales y la violación de un derecho humano básico: el derecho a un medio ambiente sano.El presente artículo tiene por objetivo presentar un análisis sobre la importancia de  Instituciones gubernamentales y su relación con la calidad institucional, para lo cual está estructurado en tres partes, la primera desarrolla el concepto  y la importancia del enfoque institucional, la segunda aborda el marco institucional en torno a la temática de refugiados ambientales y la tercera evalúa la importancia de fortalecer las instituciones gubernamentales para enfrentar esta problemática a través de la acción colectiva.Palabras clave: cambio climático, refugiados ambientales, marco jurídico, instituciones gubernamentales, acción colectiva.ABSTRACT: In the first decade of the 21st century, the phenomenon of climate change has caused a series of natural disasters, which have called into question the actions of government institutions in terms of protecting environmental refugees and the violation of a basic human right: the right to a healthy enviroment.This article aims to present an analysis on the importance of institutions and the relationship with government organization, for which it is structured in three parts, the first develops the concept and the importance of the institutional approach, the second deals with the institutional framework in around the issue of environmental refugees and the third evaluates the importance of strengthening government institutions in Mexico to address this problem through collective action.Key words: climate change, environmental refugees, legal framework, governmental institutions, institutional quality.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


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