scholarly journals Climate Change and Law

2021 ◽  
Author(s):  
Margaret A Young
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal Education ◽  
Consumption Patterns ◽  
Legal Action ◽  
Law Schools ◽  
Address Climate Change ◽  
Production And Consumption ◽  
Domestic Law ◽  
Education And Law

Climate change is a global problem. This characterisation has major consequences for international law, domestic law and legal education. Drawing on legal developments, scholarship and pedagogy, this article has three main claims. First, it argues that lawyers dealing with climate change require proficiency across different areas of law, not just the law that seeks to limit greenhouse gas emissions. Secondly, to better understand how these areas of law fit together, and how they should fit together, the article points to relevant theories, including ideas relating to fragmentation and regime interaction within international law. Thirdly, the article examines ways in which legal education can encourage ethical and moral evaluations as well as strategic awareness, especially to ensure that legal action to address climate change does not perpetuate inequalities and injustice within the community of states. Legal education and law have important roles in mitigating climate change and in fostering a sensibility that recognises the unequal burdens between and within countries. In training the arbiters of global destiny, today’s law schools must continue to critique the law’s relationship with modern production and consumption patterns. 

scholarly journals Toward a Rule of Law Society in Iraq: Introducing Clinical Legal Education into Iraqi Law Schools

2018 ◽  
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Education ◽  
Law Schools ◽  
The Law

23 Berkeley Journal of International Law (BJIL) 112 (2005)This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was highest. Unfortunately, however, our project was limited necessarily in both scope and duration, and further efforts must be undertaken in order for experiential legal education to gain a firmer foothold in Iraq.

Part V Subject Matter, Ch.29 Climate Change

2021 ◽  
Author(s):  
Rajamani Lavanya ◽  
Werksman Jacob D
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Paris Agreement ◽  
Due Diligence ◽  
Address Climate Change ◽  
Rules And Principles ◽  
Harm Prevention ◽  
And Function ◽  
The Universe

This chapter provides an overview of international regulatory efforts to address climate change. It focuses on the UN climate change regime, which comprises the 1992 UNFCCC (United Nations Framework Convention on Climate Change), the Kyoto Protocol, the Paris Agreement, and decisions of parties under these instruments. However, the universe of climate change law extends well beyond the UN climate change regime. There are rules and principles of general international law, such as the harm prevention principle, due diligence, and state responsibility, which apply to climate change. There are treaty regimes and institutions, including those addressing other areas of international environmental law or other fields of international law, which intersect with, complement, and function to implement the UN climate change regime. There are also a multiplicity of rules, regulations, and institutions at the regional, sub-regional, and national levels that directly or indirectly address climate change, many of which have been put in place in response to the UN treaties.

Climate Change-related Displacement of Persons

2016 ◽  
Author(s):  
Jane McAdam
Keyword(s):  
Climate Change ◽  
International Law ◽  
Internal Displacement ◽  
Address Climate Change ◽  
Political Incentives ◽  
International Borders ◽  
Refugee Law ◽  
International Refugee Law ◽  
Impacts Of Climate Change

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.

scholarly journals Stimulating a Canadian narrative for climate

FACETS ◽  
2017 ◽  
Vol 2 (1) ◽  
pp. 131-149 ◽  
Author(s):  
Catherine Potvin ◽  
Divya Sharma ◽  
Irena Creed ◽  
Sally Aitken ◽  
François Anctil ◽  
...  
Keyword(s):  
Climate Change ◽  
Civil Society ◽  
Low Carbon ◽  
Address Climate Change ◽  
Low Carbon Economy ◽  
Academic Fields ◽  
Current Thinking ◽  
Production And Consumption ◽  
History Of ◽  
The Will

This perspective documents current thinking around climate actions in Canada by synthesizing scholarly proposals made by Sustainable Canada Dialogues (SCD), an informal network of scholars from all 10 provinces, and by reviewing responses from civil society representatives to the scholars’ proposals. Motivated by Canada’s recent history of repeatedly missing its emissions reduction targets and failing to produce a coherent plan to address climate change, SCD mobilized more than 60 scholars to identify possible pathways towards a low-carbon economy and sustainable society and invited civil society to comment on the proposed solutions. This perspective illustrates a range of Canadian ideas coming from many sectors of society and a wealth of existing inspiring initiatives. Solutions discussed include climate change governance, low-carbon transition, energy production, and consumption. This process of knowledge synthesis/creation is novel and important because it provides a working model for making connections across academic fields as well as between academia and civil society. The process produces a holistic set of insights and recommendations for climate change actions and a unique model of engagement. The different voices reported here enrich the scope of possible solutions, showing that Canada is brimming with ideas, possibilities, and the will to act.

R (Plan B Earth) v. Secretary of State for Transport

2021 ◽  
Vol 193 ◽  
pp. 535-636
Keyword(s):  
Climate Change ◽  
International Law ◽  
National Policy ◽  
Paris Agreement ◽  
Policy Statement ◽  
Content Type ◽  
Secretary Of State ◽  
Municipal Law ◽  
Relationship Of ◽  
Domestic Law

535Relationship of international law and municipal law — Treaties — Treaty not incorporated into municipal law — Whether minister required to take treaty into account — Paris Agreement on Climate Change, 2015 — Decision to designate third runway at Heathrow Airport — Airports National Policy Statement — Planning Act 2008 — Directive 2001/42/EC — Paris Agreement not taken into account — Whether Secretary of State obliged to take Paris Agreement into account — Whether taking Paris Agreement into account would give effect to unincorporated international agreement in domestic lawEnvironment — Treaties — Climate change — Greenhouse gases — Paris Agreement, 2015 — Whether failure to take Paris Agreement into account vitiating decision to designate third runway — Whether Directive 2001/42/EC requiring unincorporated international agreements to be taken into account — The law of England

scholarly journals Harmonisasi Hukum Internasional Pada Prinsip Common But Differentiated Responsibility dalam Hukum Nasional

Kosmik Hukum ◽  
2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Athya Athya
Keyword(s):  
Climate Change ◽  
International Law ◽  
Kyoto Protocol ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Climate System ◽  
Address Climate Change ◽  
The World ◽  
The Common ◽  
Common But Differentiated Responsibility

Abstract Efforts to prevent the growing concentration of GHGs that led to climate change began by the United Nations by establishing a regulation on the protection of the world climate system, first, the Convention on Climate Change is created in 1992. Secondly, Kyoto Protocol was established in 1997. Furthermore, at COP-21 resulted in Paris Agreement. These three arrangements make the Common but Differentiated Responsibility Principle as the basis for protecting the world climate system. This research is to review harmonization of international law on the Common but Differentiated Responsibility Principle in national law. This research uses normative law research. This research is a descriptive analysis with the secondary data obtained. All the data will be analysed qualitatively. Indonesia has implemented an international arrangement to address climate change caused by greenhouse gases into national law by ratifying the UNFCCC by Law Number 6 of 1994 about ratification of UNFCCC and the Kyoto Protocol by Act Number 17 of 2004 about ratification of Kyoto Protocol to the UNFCCC. Indonesia harmonized as a form of implementation of protocol kyoto contents through Law Number 32 of 2009 on Environmental Protection and Management. Keywords:   Common but Differentiated Responsibility Principle; Law Harmonization Abstrak Upaya untuk mencegah meningkatnya konsentrasi GRK, pertama, Konvensi Perubahan Iklim dibuat tahun 1992. Kedua, didirikan Protokol Kyoto tahun 1997. Selanjutnya, pada COP-21 menghasilkan Perjanjian Paris. Ketiga pengaturan ini menjadikan Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda sebagai dasar untuk melindungi sistem iklim dunia. Penelitian ini untuk meninjau harmonisasi hukum internasional tentang Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda dalam hukum nasional. Penelitian ini menggunakan penelitian hukum normatif. Penelitian ini merupakan analisis deskriptif dengan data sekunder yang diperoleh. Semua data akan dianalisis secara kualitatif. Indonesia telah menerapkan pengaturan internasional untuk mengatasi perubahan iklim yang disebabkan oleh gas rumah kaca ke dalam hukum nasional dengan meratifikasi UNFCCC dengan Undang-Undang Nomor 6 Tahun 1994 tentang Pengesahan UNFCCC dan Protokol Kyoto oleh Undang-undang Nomor 17 Tahun 2004 tentang Pengesahan Protokol Kyoto Atas UNFCCC. Indonesia melakukan harmonisasi sebagai wujud implementasi isi Protokol Kyoto melalui Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Kata kunci:  Harmonisasi Hukum, Prinsip Tanggung Jawab Bersama dengan Tingkat yang Berbeda-Beda

The Jessup Mooting Competition as a Vehicle for Teaching Public International Law

1979 ◽  
Vol 16 ◽  
pp. 332-341 ◽  
Author(s):  
Craig Brown
Keyword(s):  
International Law ◽  
Legal Education ◽  
Law Students ◽  
Teaching Tool ◽  
Law Schools ◽  
Public International Law ◽  
Meaningful Interaction

The Philip G. Jessup International Law Moot Court Competition is now well established as an annual event on the calendar of Canadian legal education. It may seem trite, therefore, to assert that the competition is a worthy pursuit for law students, that it should be preserved, and that a greater number of law schools should be encouraged to participate in it. The Jessup has great potential both as a teaching tool and as a basis for meaningful interaction among students from across the country and an attempt should be made to realize this potential. In this note, some suggestions are made for doing so.

scholarly journals Climate Crisis, Legal Education and Law Student Well-Being

2021 ◽  
Author(s):  
Monica Taylor
Keyword(s):  
Climate Change ◽  
Mental Health ◽  
Psychological Impact ◽  
Legal Education ◽  
Well Being ◽  
Law Schools ◽  
Pedagogical Strategies ◽  
Law Student ◽  
Climate Crisis ◽  
The Impact

This article addresses the impact of the climate crisis on the mental health of young people in the context of legal education. It reviews the evidence on youth mental health regarding the climate crisis and applies it to what is already known about law student well-being. Drawing on theories of learning design, the article considers a range of pedagogical strategies that law schools can use to engage students who are committed to action on climate change through law. A case study, the Climate Justice Initiative at The University of Queensland School of Law, is presented as one example of what is possible. This article emphasises the significance of a partnership approach to student engagement and contends that this may yield benefits especially in the context of climate change-related legal work. Despite the negative psychological impact of the climate crisis on law students, it concludes that there are practical activities that law schools can and should initiate to support student well-being. 

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