The Contested Core of Climate Law
Keyword(s):
The Core
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Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).
Keyword(s):
2015 ◽
Vol 03
(06)
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pp. 62-6
2021 ◽
Vol 5
(4)
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pp. 26-35
Keyword(s):
2008 ◽
Vol 26
(1)
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pp. 11-32
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