scholarly journals Bridging the Climate and Maritime Legal Regimes: The imo’s 2018 Climate Strategy as an Erga Omnes Obligation

Climate Law ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 119-156
Author(s):  
Baine P. Kerr
Keyword(s):  
International Law ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
International Organizations ◽  
European Court Of Justice ◽  
Gas Emissions ◽  
Court Of Justice ◽  
European Court ◽  
Mitigate Climate Change ◽  
Do So

Abstract Scholarship and practice before the European Court of Justice indicate that international organizations can unilaterally bind themselves under international law. This article evaluates whether the International Maritime Organization did so with its 2018 ‘Strategy’ to reduce greenhouse gas emissions from shipping. After first identifying the source of the imo’s mandate to regulate greenhouse gas emissions from shipping and its treaty obligations to do so, it finds that the imo has the institutional competence to unilaterally bind itself with respect to its function and purpose of regulating vessel-source pollution. It further finds that the imo imposed on itself an erga omnes obligation to mitigate climate change in order to meet the Paris Agreement’s global warming limitation goals. The article reflects on the implications of these findings for climate law and international law generally.

Legal Protection Against the UN-Security Council Between European and International Law: A Kafkaesque Situation?

2007 ◽  
Vol 8 (3) ◽  
pp. 279-293 ◽  
Author(s):  
Isabelle Ley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court ◽  
Un Security Council ◽  
The Individual ◽  
Court Of First Instance

Constitutionalism beyond the state concerns itself with the relation among various legal levels and the position of the individual in a multilevel legal system. The question how human rights are protected against international organizations who increasingly take on executive powers cannot be thoroughly answered without confronting a fundamental debate in international law theory: the constitutionalism-fragmentation debate. The European Court of First Instance as well as the European Court of Justice (ECJ) had to deal recently and are still dealing with this complex in a number of cases.

scholarly journals A Pathway to Carbon Neutral Agriculture in Denmark

2021 ◽  
Author(s):  
Timothy Searchinger ◽  
Jessica Zionts ◽  
Stefan Wirsenius ◽  
Liqing Peng ◽  
Tim Beringer ◽  
...  
Keyword(s):  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Food Production ◽  
Agricultural Technologies ◽  
Gas Emissions ◽  
Sustainable Food ◽  
The World ◽  
Carbon Neutral ◽  
Mitigate Climate Change ◽  
Do So

Can the world meet growing demand for food while sharply reducing greenhouse gas emissions from agriculture – and without converting more forests into agriculture? In the World Resources Report: Creating a Sustainable Food Future, WRI set forth a challenging, global five-course menu of actions to do so. How should a country adapt this menu to its own agricultural context? A Pathway to Carbon Neutral Agriculture in Denmark answers this question for Denmark, a country whose major agricultural organizations have committed to become carbon neutral by 2050. A number of lessons are noteworthy, including: The importance of investing in developing, deploying and continuously improving agricultural technologies to mitigate climate change; Nations can’t reduce agricultural greenhouse gas emissions just by producing less food—that would just shift emissions to other countries. Rather, the world will need to produce more food, but on the same (or less) amount of land as today; and Increased food production must be linked with progress on reducing emissions and restoring forests and peatlands. The report’s lessons can inform not only Denmark’s agricultural future, but also that of other advanced agricultural economies.

scholarly journals Carbon Emissions of Hotels: The Case of the Sri Lankan Hotel Industry

Buildings ◽  
2019 ◽  
Vol 9 (11) ◽  
pp. 227 ◽  
Author(s):  
Udara Willhelm Abeydeera ◽  
Karunasena
Keyword(s):  
Climate Change ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Carbon Emissions ◽  
Global Climate ◽  
Sri Lankan ◽  
Gas Emissions ◽  
Study Approach ◽  
Mitigate Climate Change

The need to mitigate climate change has become a major global concern, and greenhouse gas emissions are a major cause of global climate change. Therefore, the need to curb greenhouse gas emissions has been well recognized by global researchers, policymakers and academics. Carbon emissions of hotel operations have seized the attention of global researchers. However, carbon emissions of the hotels in developing countries remain to be a less explored domain. Therefore, carbon emissions of Sri Lankan hotels were explored using a case study approach. Five hotels in the Colombo suburb were explored, which revealed that each hotel released more than 7000 tons of carbon annually. Results further indicated the use of purchased electricity as the dominant source of carbon emissions. Emissions caused by transport activities were not included in the calculations due to the unavailability of data. Recommendations were made to overcome the issues identified during data collection as well as to reduce the carbon emissions from hotel operations. Wider adoption of the methodology used in this research will benefit the hotels to keep track of the carbon emissions using a systematic approach.

Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

The European Community, the European Court of Justice and the Law of the Sea

2008 ◽  
Vol 23 (4) ◽  
pp. 643-713 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
International Law ◽  
European Community ◽  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Member States ◽  
Court Of Justice ◽  
Fishery Policy ◽  
European Court ◽  
The Law

AbstractThe European Community has gradually increased its focus on marine and maritime affairs, starting with the Community's Fishery Policy in the 1970s and culminating recently in the 2007 Blue Book on an Integrated Maritime Policy of the European Union. The Community's increased clout over marine and maritime matters has been reflected also in the case law of the European Court of Justice. From the outset the Court has given great impetus to the Community's efforts to assert its external competence in matters related to fisheries and conservation of biological resources of the sea. Even so, the Court has thus far only occasionally been confronted with public international law questions pertaining to the law of the sea. However, the few cases in which the Court has addressed such issues are worthy of note. For example, the Court has ruled on whether Member States should be allowed to rely on the international law of the sea in order to derogate from obligations under Community law; whether Member States should be allowed to prefer the dispute settlement provisions set out in the 1982 United Nations Convention on the Law of the Sea over the Community's own dispute settlement system; and on whether private parties may invoke arguments derived from the customary or conventional international law of the sea to challenge the validity of Community legislation pertaining to marine and maritime matters. The resulting judgments of the European Court of Justice have often turned out to be landmark cases, although some of them have tended to divide academic opinion.

scholarly journals (In)certezze giuridiche sulla situazione della Crimea: una «mappa» dei casi pendenti o decisi davanti alle corti europee

2019 ◽  
Author(s):  
Sara De Vido
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Current Situation ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court

The purpose of this chapter is to analyse the case of Crimea from an international law perspective, by reflecting on the numerous pending cases in front of the European Court of Human Rights and on two cases decided by the European Court of Justice. The chapter will not take a position on the legitimacy or not of the facts that led to the current situation. It will rather focus on the current de facto situation, case law, and on two pivotal notions in international law: sovereignty and jurisdiction.

scholarly journals The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

2020 ◽  
Author(s):  
Viktoriya Kuzma
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Council Of Europe ◽  
European Continent ◽  
Court Of Justice ◽  
European Court ◽  
The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

scholarly journals Interactions between European Court of Human Rights and Private International Law of European Union = Interacciones entre el Tribunal Europeo de Derechos Humanos y Derecho Internacional Privado de la Unión Europea

2018 ◽  
Vol 10 (1) ◽  
pp. 248 ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Law ◽  
European Court Of Justice ◽  
Private International Law ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
European Court ◽  
International Private Law ◽  
European Family

Abstract: The present work is concentrated on the analysis of the jurisprudence between the European Court of Human Rights and the European Court of Justice in the sector of private international law. In particular, it deals with the differences, similarities, influences, impact, etc. in the sector of family law, insolvency and succession according the Regulations and the private international law and last but not least the recognition of sentences by the European Member States.Keywords: European Court of Human Rights, International private law, European Court of Justice, European family law, insolvency, succession.Resumen: El presente trabajo se concentra en el análisis de la jurisprudencia entre el Tribunal Europeo de Derechos Humanos y el Tribunal de Justicia Europeo en el sector del derecho internacional privado. En particular, aborda las diferencias, similitudes, influencias, impacto, etc., en el sector del derecho de familia, la insolvencia y la sucesión de acuerdo con el Reglamento y el Derecho internacional privado y, por último, el reconocimiento de condenas por parte de los Estados miembros europeos.Palabras clave: Tribunal Europeo de Derechos Humanos, Derecho Internacional Privado, Tribunal Europeo de Justicia, Derecho de Familia Europeo, insolvencia, sucesión.

scholarly journals Dimensions of Blue Carbon and emerging perspectives

2019 ◽  
Vol 15 (3) ◽  
pp. 20180781 ◽  
Author(s):  
Catherine E. Lovelock ◽  
Carlos M. Duarte
Keyword(s):  
Climate Change ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Marine Ecosystems ◽  
Coastal Ecosystems ◽  
Carbon Stocks ◽  
Blue Carbon ◽  
Tidal Marshes ◽  
Gas Emissions ◽  
Mitigate Climate Change

Blue Carbon is a term coined in 2009 to draw attention to the degradation of marine and coastal ecosystems and the need to conserve and restore them to mitigate climate change and for the other ecosystem services they provide. Blue Carbon has multiple meanings, which we aim to clarify here, which reflect the original descriptions of the concept including (1) all organic matter captured by marine organisms, and (2) how marine ecosystems could be managed to reduce greenhouse gas emissions and thereby contribute to climate change mitigation and conservation. The multifaceted nature of the Blue Carbon concept has led to unprecedented collaboration across disciplines, where scientists, conservationists and policy makers have interacted intensely to advance shared goals. Some coastal ecosystems (mangroves, tidal marshes and seagrass) are established Blue Carbon ecosystems as they often have high carbon stocks, support long-term carbon storage, offer the potential to manage greenhouse gas emissions and support other adaptation policies. Some marine ecosystems do not meet key criteria for inclusion within the Blue Carbon framework (e.g. fish, bivalves and coral reefs). Others have gaps in scientific understanding of carbon stocks or greenhouse gas fluxes, or currently there is limited potential for management or accounting for carbon sequestration (macroalgae and phytoplankton), but may be considered Blue Carbon ecosystems in the future, once these gaps are addressed.

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