scholarly journals The Evolution of Differential Treatment in International Climate Law: Innovation, Experimentation, and ‘Hot’ Law

Climate Law ◽  
2018 ◽  
Vol 8 (3-4) ◽  
pp. 195-206 ◽  
Author(s):  
Anna Huggins
Keyword(s):  
Environmental Law ◽  
Differential Treatment ◽  
The Novel ◽  
Climate Regime ◽  
International Environmental Law ◽  
Ongoing Controversy ◽  
Deep Fault ◽  
Legal Rules ◽  
International Climate ◽  
Legal Frameworks

The UN climate regime is a domain of international environmental law (IEL) that has developed in distinctive ways. Applying insights from the work of Michel Callon, climate change is a ‘hot’ situation characterized by ongoing controversy, making it difficult to develop stable and sustainable legal frameworks to manage this state of flux. Building on Elizabeth Fisher’s work positing that environmental law has qualities of ‘hot’ law, this article argues that, in the context of the UN climate regime, the ‘hot’ nature of climate law is compounded by the geopolitical tensions among states in IEL, particularly the deep fault lines between developed and developing states. The novel legal and regulatory solutions that have been experimented with to address issues of differential treatment reflect attempts to manage and contain these ongoing controversies. The UN climate regime yields insights into the promises and pitfalls of designing international legal frameworks to respond to highly contested and divisive issues in a context in which states create, implement, and enforce legal rules.

scholarly journals Testing the Boundaries of Subnational Diplomacy: The International Climate Action of Local and Regional Governments

2015 ◽  
Vol 4 (2) ◽  
pp. 319-337 ◽  
Author(s):  
Joana Setzer
Keyword(s):  
International Relations ◽  
Foreign Affairs ◽  
Legal Capacity ◽  
Climate Regime ◽  
The World ◽  
Climate Action ◽  
International Climate ◽  
The Republic ◽  
Legal Frameworks ◽  
Regional Governments

AbstractSince the 1990s, a number of local and regional governments around the world have started to engage in a real international or ‘paradiplomatic’ climate agenda. While the multilevel governance approach has advanced the examination of the actors and levels involved in climate governance, there is within this body of literature a limited consideration of the legal capacity of non-state actors to act across scales. This article addresses this gap and examines the potential limitations imposed on subnational diplomacy by international and domestic legal orders. The article draws upon the example of Brazil where, despite constitutional limitations on the involvement of subnational governments in international relations, paradiplomacy has been termed ‘federative diplomacy’ and institutionalized within the Ministry of Foreign Affairs and within the Presidency of the Republic. The article shows that the diplomatic activity of local and regional governments is still constrained by international and domestic legal frameworks. If cities and regions are to help in addressing the inadequacies of the international climate regime, then domestic and international legal frameworks will need to further accommodate subnational diplomatic activities.

Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law

2013 ◽  
Vol 82 (4) ◽  
pp. 487-527 ◽  
Author(s):  
Mostafa Mahmud Naser
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Human Migration ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Refugee Law ◽  
International Legal System ◽  
And Migration ◽  
Legal Frameworks

Climate change and human migration are two cross-cutting issues that demand immediate and appropriate responses from both international and national authorities. This article deals with a number of complex issues under international environmental law, human rights law and migration and refugee law, which have important ramifications for the protection of climate-induced displacement in Bangladesh. It examines these legal frameworks to assess how appropriate they are in regulating climate-induced displacement and underscores current gaps or limitations within the international legal system for effective recognition and protection of climate change migrants. The development of ‘soft guidelines’ suggested in this study would establish an international framework for the specific recognition, treatment and protection of climate change displaced persons and fill the legal gaps with the specificity required by states and communities.

Climate Law and It’s Skeptics

2021 ◽  
pp. 1-7
Author(s):  
Peter H. Sand
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Legal Analysis ◽  
International Environmental Law ◽  
Future Evolution ◽  
Legal Development ◽  
International Climate ◽  
International Law Commission

‘Climate change law’ is an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over protracted resistance by prominent scholars insisting that ‘the cold-eyed application of legal analysis may be just as fruitful as the invention of a new vehicle such as “international environmental law”’. The episode touches on the core of international climate law and its future evolution. Expressly based on recognition of the intergenerational interest in conserving the quality of the Earth’s atmosphere, the International Law Commission (ILC) project may indeed encourage further legal development of a concept of planetary trusteeship, owed by States as public trustees to present and future citizens as the beneficiaries.

Different Types Of Norms In International Environmental Law Policies, Principles, And Rules

2008 ◽  
Author(s):  
Ulrich Beyerlin
Keyword(s):  
Legal Theory ◽  
Environmental Law ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Legal Principles ◽  
Legal Rules ◽  
Common But Differentiated Responsibilities ◽  
Considerable Confusion ◽  
Different Types ◽  
The Status

This article focuses on the various ‘twilight’ norms at the bottom of the normative hierarchy of modern international environmental law, such as ‘precaution’, ‘polluter pays’, ‘common but differentiated responsibilities’, ‘equitable utilisation of shared natural resources’, ‘intergenerational equity’, ‘common concern of mankind’, and ‘sustainable development’. It discusses these ‘twilight’ norms in current international environmental law, and examines how legal experts and scholars assess their nature and normative quality. Given the ongoing controversy and considerable confusion concerning the status of these norms, as well as the roles they play and the effects they have, it is useful to analyse the phenomenon of ‘relative normativity’ in current international environmental law in more detail. Ronald Dworkin's legal theory, which separates ‘policies’ from ‘legal principles’ and ‘legal rules’, may help in this respect. The article also considers the principle not to cause transboundary environmental damage and environmental impact assessment.

scholarly journals Legal frameworks for the revitalization of environment and economy of the Danube Basin

2001 ◽  
Vol 73 (9-10) ◽  
pp. 3-10
Author(s):  
Slavko Bogdanović
Keyword(s):  
International Organizations ◽  
Environmental Law ◽  
Danube River ◽  
Water Law ◽  
International Environmental Law ◽  
Danube Basin ◽  
Current State ◽  
International Water Law ◽  
International Water ◽  
Legal Frameworks

The paper contains a review of the role and participation of the SFRY (Former Yugoslavia) in creation and development of International Water Law and International Environmental Law and its participation in the activities of international organizations in this field. Following is the review of current state of things concerning the FRY, with a special look back on the Danube River Basin. The concluding remarks comprise the authors views on the immediate and latter activities of the State, needed for development of modem and appropriate legal frameworks for future activities of the FRY in the field of Environment and Economy in Danube Basin, i.e. in the field of sustainable development.

Sign in / Sign up

Export Citation Format

Share Document