scholarly journals Responding to Climate Change and the Role of Environmental law

2021 ◽  
Vol 8 (3) ◽  
pp. 1-9
Author(s):  
Vu Thị Duyen Thuy
Keyword(s):  
Climate Change ◽  
At Risk ◽  
Adverse Effects ◽  
Environmental Law ◽  
Efficient Implementation ◽  
Law System ◽  
Environment And Development

Climate change has been putting humankind at risk with a host of challenges regarding the aspects of environment and development. More specifically, it requires excessive effort from all countries, in which recognizing the importance of environmental law system plays an indispensable role. Therefore, in this article, the role of environmental law in tackling climate change will be analyzed and, based on the provided analysis, solutions on building and improving the environmental law for more efficient implementation will be laid out to lessen the adverse effects of climate change.

scholarly journals The Voices of Local NGOs in Climate Change Issues: Examples from Climate Vulnerable Nations

2018 ◽  
Vol 10 (3) ◽  
pp. 63-80
Author(s):  
Ian M McGregor ◽  
Hilary Yerbury ◽  
Ahmed Shahid
Keyword(s):  
Climate Change ◽  
At Risk ◽  
Scientific Knowledge ◽  
Knowledge Creation ◽  
Knowledge Brokering ◽  
Adaptation To Climate Change ◽  
Small Countries ◽  
New Knowledge ◽  
Nationally Determined Contributions

The contributions of small local non-government organisations (NGOs) in countries at risk from climate change to knowledge creation and action on climate change are rarely considered. This study sought to remedy this by focusing on NGOs in member countries of the Climate Vulnerable Forum (CVF). Analysing data from Intended Nationally Determined Contributions (INDCs), NGO websites and email correspondence with NGO staff through a knowledge brokering typology, this study examines the ways in which local NGOs in five members of the CVF (Afghanistan, Bhutan, Kiribati, Nepal and Tuvalu) take action, generate new knowledge and understandings and contribute to the plans and actions of their government and the international community. The study found that local NGOs are involved in the creation of new knowledge both at the scientific and community level and engage in actions to support adaptation to climate change. However, there are differences in the approaches they take when making contributions to scientific knowledge and climate change debates. The findings of this study suggest the need to reconceptualise the role of local NGOs in small countries at risk from climate change.

Innovativeness and Paralysis in International Climate Policy

2012 ◽  
Vol 1 (1) ◽  
pp. 137-152 ◽  
Author(s):  
Charlotte Streck
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Governance ◽  
Environmental Law ◽  
Climate Regime ◽  
Market Mechanisms ◽  
International Climate Policy ◽  
To Come ◽  
Private Actors

AbstractThis article describes the challenges of using the constrained tools of international law to negotiate a sustainable framework to address climate change. It sets out to show how the particularities of the problem have led to creative and innovative solutions expanding the borders of international law. To this end, the article discusses carbon market mechanisms, the compliance regime of the Kyoto Protocol, and the emerging framework to create incentives to reduce land-based emissions in developing countries. These examples illustrate that the recognition of the role of sub-national and private entities in mitigating climate change has had significant impact on the rules of the climate regime. But the article also asserts that the un process, while recognizing the role of private actors, is still inadequately equipped to involve non-state actors in a meaningful way. The climate regime therefore challenges the traditional thinking about interstate relationships. No longer solely a matter for international environmental law, contemporary environmental governance has become a global affair, which makes the lens of transnational law a useful tool to think about these issues in practice in a more intellectually fruitful and relevant way. This article thereby provides a snapshot of the type of issues and discussion that readers of this journal can look forward to in the years to come.

Brazil

2019 ◽  
pp. 81-107
Author(s):  
Antonio Herman Benjamin ◽  
Nicholas Bryner
Keyword(s):  
Climate Change ◽  
Environmental Law ◽  
Land Use Changes ◽  
State Ownership ◽  
National Environmental Policy Act ◽  
Implementation Framework ◽  
Application Of Law ◽  
Forest Code ◽  
National Environmental

This chapter examines Brazil’s environmental law. It first provides an overview of Brazil’s constitutional structure as it relates to federalism and the environment, taking into account how the Constitution grants federal (and state) ownership of and power to manage certain natural resources. It then considers the structure and substance of environmental law in Brazil, focusing on the major bodies of law such as the National Environmental Policy Act of 1981, the Forest Code (2012), and those dealing with protected areas, environmental crimes, water, climate change, and solid waste. The chapter goes on to discuss the implementation framework for Brazil’s environmental law, including administrative and judicial bodies, as well as the special and important role of environmental public prosecutors and the judiciary. Finally, it analyses the application of law in combating unsustainable deforestation and land use changes in the Amazon.

Criminal justice responses to climate change

2018 ◽  
pp. 117-138
Author(s):  
Rob White
Keyword(s):  
Climate Change ◽  
Criminal Justice ◽  
Social Action ◽  
Government Policy ◽  
Environmental Law ◽  
Action Plan ◽  
State Power ◽  
Climate Justice ◽  
Court Cases

This chapter addresses how criminal justice institutions are responding to climate change. This entails description of court cases intended to bolster the reduction of carbon emissions and the overall role of climate change litigation in the pursuit of climate justice. The chapter argues that an action plan against climate change must include activities and responses that involve the law and legal change, environmental law enforcement activities, courts and adjudication processes, and direct social action. Ultimately, however, this will also require action in and around the exercise of state power as well — since the carbon vandal more often than not acts with direct and indirect state support, through government policy decisions and via laws and courts that are skewed in pro-business directions. The place and role of the criminologist in pursuit of climate justice, therefore, can never be politically neutral.

scholarly journals INTERGRATED ENVIRONMENTAL LAW SYSTEM STRATEGIES TO ADAPT CLIMATE CHANGE IMPACT FROM ENERGY RESILIENCE IN INDONESIA

2017 ◽  
Vol 17 (3) ◽  
pp. 296
Author(s):  
Maret Priyanta
Keyword(s):  
Climate Change ◽  
Global Warming ◽  
Environmental Law ◽  
Legal Aspect ◽  
Legal Research ◽  
Analytical Methodology ◽  
International Convention ◽  
Law System ◽  
Living Things ◽  
Change Impact

Climate change issues are solicitous and affect every nation due to its impact on human living and other living things. International cooperation through the international convention on climate change such as United Nations Framework Convention on Climate Change needed as an effort for finding the solution for the problem especially the legal aspect. Energy as resources is identified as one of the sources directly contributing to global warming. As a part of the environment, energy resilience needs to support Indonesia commitment to the global society. This paper describes the academic perspective in environmental law by applying principle and norm approach to analyze the climate change issues in Indonesia related to energy resilience. The recommendation analyzes the issue based on legal research with a descriptive analytical methodology to describe the comprehensive idea about the problem and solution in climate change issues and environmental law in Indonesia law system perspective.Keywords: Climate, Energy, Environmental, Law, Resilience.

Part II Analytical Approaches, Ch.15 The Role of Science

2021 ◽  
Author(s):  
Johnston Sam
Keyword(s):  
Climate Change ◽  
Genetically Modified Organisms ◽  
Environmental Law ◽  
International Environmental Law ◽  
International Court Of Justice ◽  
International Court ◽  
The Subject ◽  
Dangerous Substances ◽  
Analytical Approaches

This chapter reflects on the crucial and multifaceted role of science in international environmental law, identifying and framing its challenges, threats, and problems. The role of science in international environmental law has been the subject of vigorous debate, focusing around competing claims concerning the need for action in almost every area of environmental regulation, such as climate change, restrictions on use of areas or resources such as fisheries, and restrictions on ‘dangerous’ substances such as genetically modified organisms (GMOs). The developing jurisprudence on the role of science in international environmental law articulated by various international tribunals such as the International Court of Justice (ICJ) highlights the important role that science plays in this field. The chapter then considers how science has influenced international environmental law and in turn, how international environmental law has contributed to the promotion of science. An emerging issue highlighted in the chapter is the increasing politicization of science and the need to understand the limitations of science.

People’s Republic of China

2019 ◽  
pp. 127-148
Author(s):  
Xi Wang
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Governance ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Law System ◽  
Republic Of China ◽  
Government Work

This chapter examines the environmental law system of the People’s Republic of China. It first provides an overview of the allocation of powers within the Chinese system as regards environmental protection, taking into account the relevant constitutional provisions for environmental governance. In particular, it discusses China’s political system and powers relating to environmental legislation, law enforcement inspection, oversight of government work, review and approval of governmental budgets for environmental protection, and appointment and dismissal of governmental officials involved in environmental protection. The chapter goes on to consider the structure and substance of China’s environmental law before turning to the implementation of the environmental law framework, placing emphasis on the role of administrative institutions and judicial organization relating to environmental protection. Finally, it analyses the process of environmental governance in China by the IPPEP Model, a conceptual model that describes the Interactions of Parties in Process of Environmental Protection (IPPEP).

Precaution and Climate Change

2016 ◽  
Author(s):  
Jonathan Wiener
Keyword(s):  
Climate Change ◽  
Adverse Effects ◽  
United Nations ◽  
International Law ◽  
Future Climate Change ◽  
Precautionary Action ◽  
Catastrophic Risks ◽  
Key Features ◽  
Precautionary Measures

This chapter examines the role of precaution as applied to climate change. Article 3 of the United Nations Framework Convention on Climate Change (UNFCCC) specifically calls for precautionary measures to anticipate, prevent, or minimize the causes of climate change and mitigate its adverse effects. Because climate change poses uncertain but serious and even catastrophic risks, and because greenhouse gas emissions have latent and long-lasting effects which last over decades and even centuries, precautionary action is widely urged as essential to preventing future climate change—rather than waiting to act after the damage is done, when it is too late to address the cause. The chapter describes the key features of the Precautionary Principle (PP), and illustrates the advance of the PP across the terrain of national and international law and also the variation among its proliferating versions established by various scholars, such as Per Sandin, David VanderZwaag, and Christopher Stone.

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