Climate Change and the Shifting International Law and Policy Seascape for Arctic Shipping

2015 ◽  
pp. 299-314
Author(s):  
David L. VanderZwaag
Keyword(s):  
Climate Change ◽  
International Law ◽  
Law And Policy ◽  
Arctic Shipping

Litigating Climate Change under Part XII of the LOSC

2019 ◽  
Vol 34 (3) ◽  
pp. 458-481
Author(s):  
Alan Boyle
Keyword(s):  
Climate Change ◽  
International Law ◽  
Marine Environment ◽  
Marine Pollution ◽  
Law And Policy ◽  
Inter State

AbstractInter-state litigation is a weapon employed by weaker states with limited diplomatic leverage over their bigger, more powerful opponents. An authoritative judgment may facilitate a settlement of some kind, whether directly, by further negotiation, or simply by legitimising the claims made. The LOSC was negotiated at a time when climate change was not yet part of the international agenda; however, it must be interpreted and applied with subsequent developments in international law and policy in mind. The harmful, toxic, and persistent effects of climate change more than satisfy the test for marine pollution established by Article 1 of LOSC. Part XII applies to climate change insofar as it has or is likely to have deleterious effects on the marine environment. This article will discuss the role that Part XII of LOSC may play in enforcing states’ obligations to protect and preserve the marine environment from the effects of climate change.

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.

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

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