The Influence of the Paris Agreement on Climate Litigation: Legal Obligations and Norms (Part I)∗

Author(s):  
Brian J Preston

Abstract The Paris Agreement is the first universal climate change agreement requiring all parties to communicate ambitious greenhouse gas (GHG) reduction targets to achieve a long-term global temperature goal. The Paris Agreement is a game-changer at the international level, but has it been at the national (and sub-national) level? What has been the influence of the Paris Agreement on litigation to improve mitigation of, and adaptation to, climate change? This question is addressed in two articles. Both articles seek to look at a familiar topic—the Paris Agreement and climate litigation—in new and fresh ways. This first article examines how the Paris Agreement is directly implemented through incorporation into the domestic laws of the signatories as well as indirectly implemented through judicial decision-making in accordance with norms under the Paris Agreement. First, the article examines the international obligations created by the Paris Agreement, noting the flexible nature of the agreement and wide margin of discretion left to parties. Secondly, it explores how the Paris Agreement is incorporated in domestic laws and policies. The potential for litigation based on these international and domestic obligations will be considered. Thirdly, it discusses the courts’ application of norms under the Paris Agreement.

Author(s):  
M. Medvedieva

The article considers the inter linkages and overlaps in climate change regime at the national level. The purpose of this research is to prove that fragmentation in climate change regime at the international level can lead to fragmentation and non-compliance at the domestic level. The author stipulates that the fact that climate change is governed by multiple international regimes affects national laws and policies. The author examines different pieces of Ukrainian legislation relating to combating climate change and draws to the conclusion that Ukrainian law on climate change mitigation and adaptation is sporadic and not coherent, it lacks integrated and systematic governance. All sectoral legal acts on energy, energy efficiency, renewable energy sources, agriculture, protection of the atmosphere, etc. require deep reconsideration in light of Ukrainian international obligations on the climate change mitigation and adaptation. New legislation on monitoring, reporting, and verification of the GHGs emissions in various sectors should be adopted.


Climate Law ◽  
2018 ◽  
Vol 8 (3-4) ◽  
pp. 161-171
Author(s):  
Michael Faure ◽  
Jing Liu

We argue that climate law has specific features—including scientific complexity, a strongly transboundary nature, and long-term effects—that make it more challenging to study than other more traditional domains of environmental law. As a consequence, an interdisciplinary perspective may be needed even more for climate law than for the traditional study of environmental law. Climate law is to some extent underestimated by scientists, who should realize that for effective mitigation of greenhouse gases and adaptation to climate change, an optimal design and enforcement through climate law is necessary. Climate law can be expected to become more important with the implementation of the Paris Agreement, and for that reason climate lawyers should receive a more prominent position in the international policy arena of climate change.


Author(s):  
Philipp Schmidt-Thomé

This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Natural Hazard Science. Please check back later for the full article. Adaptation to climate change is the ability of a society or a natural system to adjust to the conditions that support life in a certain climate region, including weather extremes in that region. The current discussion on adaptation to climate began in the 1990s with the publication of the Assessment Reports of the Intergovernmental Panel on Climate Change (IPCC). Scientific results are mainly published internationally or at a national level, and political guidelines are written at transnational (e.g., European Union), national, or regional levels. But since the implementation of adaptation measures must be planned and conducted at the local level, a major challenge is to actually implement adaptation to climate change in practice. Needless to say, the challenges for implementation are rooted in a large number of uncertainties from long time spans to matters of scale, as well as with economic, political, and social interests. From a human perspective, climate change impacts occur rather slowly while local decision makers are engaged with daily business over much shorter time spans. Among the obstacles to implementing adaptation measures to climate change are three major groups of uncertainties: (1) the uncertainties surrounding the development of our future climate, which include the exact climate sensitivity of anthropogenic greenhouse gas emissions, the reliability of emission scenarios and underlying storylines, and inherent uncertainties in climate models; (2) uncertainties about anthropogenically induced climate change impacts (e.g., long-term sea level changes, weather patterns, and extreme events); and (3) uncertainties about the future development of socioeconomic structures, economic development and stability, and overall political stability. Important challenges that add to these uncertainties involve current legislation (e.g., granting building permissions in potentially flood-prone areas and related economic interests). Besides slow changes that influence areas such as vegetation zones, extreme events are a factor of major importance. In addition, many societies and their socioeconomic systems are not properly adapted to their current climate zones (e.g., intensive agriculture in dry zones) or to extreme events (e.g., housing built in flood-prone areas). Adaptation measures can be successful only by gaining common societal agreement on their necessity and overall benefit. Ways to identify and implement societal and economically acceptable adaptation measures also optimally include “no-regret” measures—measures that have at least one function of immediate social benefit as well as long-term, future benefit. To identify socially acceptable and financially viable adaptation measures successfully it is useful to employ structured communication measures that give all involved parties and actors a voice and a possibility to engage in the process of identifying adaptation measures that best fit collective needs.


Author(s):  
Brian J Preston

Abstract The Paris Agreement is the first universal climate change agreement requiring all parties to communicate ambitious greenhouse gas reduction targets to achieve a long-term global temperature goal. The Paris Agreement is a game-changer at the international level, but has it been at the national (and sub-national) level? What has been the influence of the Paris Agreement on litigation to improve mitigation of and adaptation to climate change? This question is addressed in two articles. Both articles seek to look at a familiar topic—the Paris Agreement and climate litigation—in new and fresh ways. This second article examines how the Paris Agreement is influencing fact-finding in administrative and judicial decision-making, transforming corporate governance to be better attuned to climate risk and contributing to a ripple effect in climate litigation. The article first considers how the Paris Agreement has altered the factual considerations of climate change by demonstrating global agreement on the causal link between anthropogenic greenhouse gas emissions and the catastrophic consequences of climate change. Secondly, it illustrates how the Paris Agreement is affecting legal responsibilities by focusing on the influence of the Paris Agreement on corporate directors’ duties. Thirdly, it notes the ripple effect of climate litigation, contributing to the continued development of climate law.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Heikki S. Lehtonen ◽  
Jyrki Aakkula ◽  
Stefan Fronzek ◽  
Janne Helin ◽  
Mikael Hildén ◽  
...  

AbstractShared socioeconomic pathways (SSPs), developed at global scale, comprise narrative descriptions and quantifications of future world developments that are intended for climate change scenario analysis. However, their extension to national and regional scales can be challenging. Here, we present SSP narratives co-developed with stakeholders for the agriculture and food sector in Finland. These are derived from intensive discussions at a workshop attended by approximately 39 participants offering a range of sectoral perspectives. Using general background descriptions of the SSPs for Europe, facilitated discussions were held in parallel for each of four SSPs reflecting very different contexts for the development of the sector up to 2050 and beyond. Discussions focused on five themes from the perspectives of consumers, producers and policy-makers, included a joint final session and allowed for post-workshop feedback. Results reflect careful sector-based, national-level interpretations of the global SSPs from which we have constructed consensus narratives. Our results also show important critical remarks and minority viewpoints. Interesting features of the Finnish narratives compared to the global SSP narratives include greater emphasis on environmental quality; significant land abandonment in SSPs with reduced livestock production and increased plant-based diets; continued need for some farm subsidies across all SSPs and opportunities for diversifying domestic production under scenarios of restricted trade. Our results can contribute to the development of more detailed national long-term scenarios for food and agriculture that are both relevant for local stakeholders and researchers as well as being consistent with global scenarios being applied internationally.


2021 ◽  
Vol 23 (2-3) ◽  
pp. 158-167
Author(s):  
Agata Bator ◽  
Agnieszka Borek

Abstract On the ground that climate change poses a great threat to societies and economies, it became evident for policy makers that attention should be given to the problem of adaptation, i.e. adaptation measures should be undertaken to minimize the adverse impacts of climate change. As the debate on the adverse impacts of climate change advanced at international level, states are taking actions at national, regional and local levels. Along with the increase awareness regarding importance of adaptation, regulations designed to prepare states to strengthen their resilience to climate change, has been developed in climate change treaties. Paris Agreement seems to be the first global agreement which addresses adaptation as one of its key goals and links it with mitigation efforts. The purpose of this article is to discuss the most important regulations and programmes within the regime established by the Framework Convention and the Paris Agreement concerning adaptation to climate change.


2016 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Agustinus Kastanya

Indonesia has already agreed to and submitted Intended Nationally Determined Contributions (INDC) to the UNFCCC, to reduce emission gases by 29% on its own and by 41% with outside help by 2030. This step follows the Paris Agreement (COP 21) to reduce world emission gases to prevent the earth warming by 20C . Maluku is characterized by small islands, narrow and short watersheds and needs an innovative approach to development. Multi landscape based development of small islands means using island clusters, watersheds, ecological conditions and socio-economic conditions. An agricultural concept for small islands based on multi landscape plans like green economics has been developed in 3 base concepts : (1) conceptual framework; (2) macro concept framework; (3) micro concept framework. The multi landscape format integrates water catchments and RTRWP/K which are organized into the smallest management units in accordance with indigenous rights. The complete landscape is managed using an agroforestry system for conservation of the watersheds, islands, cluster groups and seas. Thus, the agricultural concept can deliver productivity and services to meet the needs of the community and the environment as well as for mitigation of and adaptation to climate change.


2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.


Author(s):  
Andrew E. McKechnie

The direct impacts of higher temperatures on birds are manifested over timescales ranging from minutes and hours to years and decades. Over short timescales, acute exposure to high temperatures can lead to hyperthermia or dehydration, which among arid-zone species occasionally causes catastrophic mortality events. Over intermediate timescales of days to weeks, high temperatures can have chronic sub-lethal effects via body mass loss or reduced nestling growth rates, negatively affecting sev eral fitness components. Long-term effects of warming manifested over years to decades involve declining body mass or changes in appendage size. Key directions for future research include elucidating the role of phenotypic plasticity and epigenetic processes in avian adaptation to climate change, examining the role of stress pathways in mediating responses to heat events, and understanding the consequences of higher temperatures for species that traverse hot regions while migrating.


Author(s):  
Rod J. Snowdon ◽  
Benjamin Wittkop ◽  
Tsu-Wei Chen ◽  
Andreas Stahl

AbstractMajor global crops in high-yielding, temperate cropping regions are facing increasing threats from the impact of climate change, particularly from drought and heat at critical developmental timepoints during the crop lifecycle. Research to address this concern is frequently focused on attempts to identify exotic genetic diversity showing pronounced stress tolerance or avoidance, to elucidate and introgress the responsible genetic factors or to discover underlying genes as a basis for targeted genetic modification. Although such approaches are occasionally successful in imparting a positive effect on performance in specific stress environments, for example through modulation of root depth, major-gene modifications of plant architecture or function tend to be highly context-dependent. In contrast, long-term genetic gain through conventional breeding has incrementally increased yields of modern crops through accumulation of beneficial, small-effect variants which also confer yield stability via stress adaptation. Here we reflect on retrospective breeding progress in major crops and the impact of long-term, conventional breeding on climate adaptation and yield stability under abiotic stress constraints. Looking forward, we outline how new approaches might complement conventional breeding to maintain and accelerate breeding progress, despite the challenges of climate change, as a prerequisite to sustainable future crop productivity.


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