scholarly journals State of Climate Law∵The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement

Climate Law ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 211-223 ◽  
Author(s):  
Morten Broberg

With the 2015 Paris Agreement, ‘loss and damage’ (L&D) was introduced into the unfccc treaty framework as a new, third substantive area of climate change law. Both before and after its adoption, this new area has been subject to much contention—and this is reflected in a high degree of uncertainty surrounding its interpretation. This article examines the definition of L&D and the types of impact covered by the notion. It also examines the relationship of L&D with mitigation and adaptation, as well as the instruments that are covered by it. Finally, the article considers the controversial issue of who can invoke L&D—and against whom.

2007 ◽  
Vol 7 (3) ◽  
pp. 42-62 ◽  
Author(s):  
Ingvild Andreassen Sæverud ◽  
Jon Birger Skjærseth

This article examines major oil companies in terms of climate strategies and their implementation. More specifıcally, it takes a critical look at Shell, BP, and ExxonMobil, and the relationship between rhetoric and action regarding investments in climate-friendly activities. Empirical evidence indicates a generally high degree of consistency between what these companies say and what they do, but interesting differences are also found: ExxonMobil has done somewhat more than its climate strategy formulations would suggest; Shell has done somewhat less; whereas BP's activities are mainly in line with its statements. Factors at three levels contribute to explaining these differences: (1) the company level, 2) the political framework conditions in the various regions where the companies operate, 3) international climate cooperation. The fındings and explanations, although restricted to the three oil companies with regard to climate change, provide insight into the relationship between corporate strategies and implementation more generally. They offer understanding and analytical categories for assessing how well and why such multinational entities put into practice stated objectives.


2016 ◽  
Vol 65 (2) ◽  
pp. 356-372 ◽  
Author(s):  
Edward A Page ◽  
Clare Heyward

With the adoption of the Warsaw International Mechanism in 2013, the international community recognised that anthropogenic climate change will result in a range of adverse effects despite policies of mitigation and adaptation. Addressing these climatic ‘losses and damages’ is now a key dimension of international climate change negotiations. This article presents a normative framework for thinking about loss and damage designed to inform, and give meaning to, these negotiations. It argues that policies addressing loss and damage, particularly those targeting developing countries, should respect norms of compensatory justice which aim to make victims of unwarranted climatic disruptions ‘whole again’. The article develops a typology of different kinds of climate change disruption and uses it to (1) explain the differences between ‘losses’ and ‘damages’, (2) assign priorities among compensatory measures seeking to address loss and damage and (3) explore a range of equitable responses to loss and damage.


2019 ◽  
Vol 113 ◽  
pp. 201-205
Author(s):  
Paula F. Henin

States have undertaken increasingly ambitious climate change mitigation and adaptation commitments under the United Nations Framework Convention on Climate Change (UNFCCC)1 and instruments adopted thereunder, notably the 1997 Kyoto Protocol2 and the 2015 Paris Agreement.3


2021 ◽  
Vol 164 (1-2) ◽  
Author(s):  
Chad S. Boda ◽  
Turaj Faran ◽  
Murray Scown ◽  
Kelly Dorkenoo ◽  
Brian C. Chaffin ◽  
...  

AbstractLoss and damage from climate change, recognized as a unique research and policy domain through the Warsaw International Mechanism (WIM) in 2013, has drawn increasing attention among climate scientists and policy makers. Labelled by some as the “third pillar” of the international climate regime—along with mitigation and adaptation—it has been suggested that loss and damage has the potential to catalyze important synergies with other international agendas, particularly sustainable development. However, the specific approaches to sustainable development that inform loss and damage research and how these approaches influence research outcomes and policy recommendations remain largely unexplored. We offer a systematic analysis of the assumptions of sustainable development that underpins loss and damage scholarship through a comprehensive review of peer-reviewed research on loss and damage. We demonstrate that the use of specific metrics, decision criteria, and policy prescriptions by loss and damage researchers and practitioners implies an unwitting adherence to different underlying theories of sustainable development, which in turn impact how loss and damage is conceptualized and applied. In addition to research and policy implications, our review suggests that assumptions about the aims of sustainable development determine how loss and damage is conceptualized, measured, and governed, and the human development approach currently represents the most advanced perspective on sustainable development and thus loss and damage. This review supports sustainable development as a coherent, comprehensive, and integrative framework for guiding further conceptual and empirical development of loss and damage scholarship.


2005 ◽  
Vol 14 (3) ◽  
pp. 317-346 ◽  
Author(s):  
TIMOTHY S. BROWN

This article examines the life and times of Richard Scheringer, an army officer and supporter of Adolf Hitler who became famous during the early 1930s for his high-profile conversion to communism. Known in the closing years of the Weimar Republic as a point-man for Communist efforts to win support from the radical right, Scheringer survived the Third Reich to become a leading figure in the postwar Communist Party. His well-documented but little-studied career, bridging critical caesurae of modern Germany history, highlights the unique political constellation of the interwar period, demonstrating fundamental continuities in the relationship of German communism to the nation before and after 1945.


2013 ◽  
Vol 168 (3) ◽  
pp. 393-401 ◽  
Author(s):  
Christa C van Bunderen ◽  
Mirjam M Oosterwerff ◽  
Natasja M van Schoor ◽  
Dorly J H Deeg ◽  
Paul Lips ◽  
...  

ObjectiveHigh as well as low levels of IGF1 have been associated with cardiovascular diseases (CVD). The relationship of IGF1 with (components of) the metabolic syndrome could help to clarify this controversy. The aims of this study were: i) to investigate the association of IGF1 concentration with prevalent (components of) the metabolic syndrome; and ii) to examine the role of (components of) the metabolic syndrome in the relationship between IGF1 and incident CVD during 11 years of follow-up.MethodsData were used from the Longitudinal Aging Study Amsterdam, a cohort study in a representative sample of the Dutch older population (≥65 years). Data were available in 1258 subjects. Metabolic syndrome was determined using the definition of the US National Cholesterol Education Program Adult Treatment Panel III. CVD were ascertained by self-reports and mortality data.ResultsLevels of IGF1 in the fourth quintile were associated with prevalent metabolic syndrome compared with the lowest quintile (odds ratio: 1.59, 95% confidence interval (CI) 1.09–2.33). The middle up to the highest quintile of IGF1 was positively associated with high triglycerides in women. Metabolic syndrome was not a mediator in the U-shaped relationship of IGF1 with CVD. Both subjects without the metabolic syndrome and low IGF1 levels (hazard ratio (HR) 1.75, 95% CI 1.12–2.71) and subjects with the metabolic syndrome and high IGF1 levels (HR 2.28, 95% CI 1.21–4.28) demonstrated increased risks of CVD.ConclusionsIn older people, high-normal IGF1 levels are associated with prevalent metabolic syndrome and high triglycerides. Furthermore, this study suggests the presence of different pathomechanisms for both low and high IGF1 levels and incident CVD.


2001 ◽  
Vol 91 (1) ◽  
pp. 77-83 ◽  
Author(s):  
H. Scherm ◽  
A. T. Savelle ◽  
P. L. Pusey

The relationship of cumulative chill-hours (hours with a mean temperature <7.2°C) and heating degree-days (base 7.2°C) to carpogenic germination of pseudosclerotia of Monilinia vaccinii-corymbosi, which causes mummy berry disease of blueberry, was investigated. In two laboratory experiments, pseudosclerotia collected from rabbiteye blueberry in Georgia were conditioned at 5 to 6°C for 26 to 1,378 h prior to placement in conditions favorable for germination and apothecium development. The number of chill-hours accumulated during the conditioning period affected the subsequent proportion of pseudosclerotia that germinated and produced apothecia, with the greatest incidence of carpogenic germination occurring after intermediate levels of chilling (≈700 chill-hours). The minimum chilling requirement for germination and apothecium production was considerably lower than that reported previously for pseudo-sclerotia from highbush blueberry in northern production regions. The rate of carpogenic germination was strongly affected by interactions between the accumulation of chill-hours and degree-days during the conditioning and germination periods; pseudosclerotia exposed to prolonged chilling periods, once transferred to suitable conditions, germinated and produced apothecia more rapidly (after fewer degree-days had accumulated) than those exposed to shorter chilling periods. Thus, pseudosclerotia of M. vaccinii-corymbosi are adapted to germinate carpogenically following cold winters (high chill-hours, low degree-days) as well as warm winters (low chill-hours, high degree-days). Results were validated in a combined field-laboratory experiment in which pseudosclerotia that had received various levels of natural chilling were allowed to germinate in controlled conditions in the laboratory, and in two field experiments in which pseudosclerotia were exposed to natural chilling and germination conditions. A simple model describing the timing of apothecium emergence in relation to cumulative chill-hours and degree-days was developed based on the experiments. The model should be useful for better timing of field scouting programs for apothecia to aid in management of primary infection by M. vaccinii-corymbosi.


2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.


Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.


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