Climate Law最新文献

{"title":"A Critical Feminist Evaluation of Climate Adaptation Law and Policy: The Case of Aotearoa New Zealand","authors":"Elizabeth Macpherson, Annick Masselot, David Jefferson, Julia Gunn","doi":"10.1163/18786561-bja10050","DOIUrl":"https://doi.org/10.1163/18786561-bja10050","url":null,"abstract":"\u0000Laws and policies designed to help communities adapt to the effects of climate change are proliferating around the world. Our analysis of Aotearoa New Zealand’s adaptation policies reveals that the experiences of women are not adequately accounted for, and that technocratic, masculinist, and top-down adaptation approaches have been prioritized over knowledges and approaches from diverse perspectives. We argue for a critical feminist reconceptualization of climate adaptation, based on: (1) taking a relational approach to embedding an ethics of care; (2) putting equity and justice in context; and (3) acknowledging diverse agency and knowledge production. Our approach suggests possible paths toward more inclusive and equitable climate adaptation based on relational understandings of reciprocal, human-environment relationships. This analysis has broad, global relevance for other countries that seek to adopt adaptation policies, by identifying possible new pathways toward just and equitable climate adaptation.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Taking Stock of the Scholarship on the Relationship between International Investment Law and the Need for Raised Climate Ambition","authors":"Jenny Hall, Louis Koen","doi":"10.1163/18786561-bja10049","DOIUrl":"https://doi.org/10.1163/18786561-bja10049","url":null,"abstract":"\u0000Increasingly dire warnings about the climate crisis mean that it is more urgent than ever that different legal regimes, including international investment law, are aligned with climate objectives and not implemented in discord with climate solutions. Many works have been produced over the last twenty years which examine whether the norms underlying climate law and international investment law necessarily conflict or can be reconciled. These works reflect deeply contested views amongst scholars as to whether regulation aimed at ensuring climate ambition can, or is likely to, be adequately safeguarded by the international investment law regime that is designed to provide conditions of stability for investors – including those that are large greenhouse gas emitters. This article provides an overview of the different perspectives that have been offered on the relationship between climate change law and international investment law in respect of three role-players – namely, arbitrators, civil society, and states. It concludes by offering tentative thoughts on the course that the interaction between the two regimes may take in the future.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140497450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indonesia’s Just Energy Transition: The Societal Implications of Policy and Legislation on Renewable Energy","authors":"Laely Nurhidayah, Shawkat Alam, N. Utomo, A. Suntoro","doi":"10.1163/18786561-bja10047","DOIUrl":"https://doi.org/10.1163/18786561-bja10047","url":null,"abstract":"\u0000The global shift to decarbonization and a sustainable economic development underscores the importance of a just energy transition. In 2019, Indonesia’s energy sector accounted for 34.5 per cent of its total emissions (lulucf included). While transitioning to green energy is paramount, it is laden with interwoven challenges encompassing technological innovation, infrastructure expansion, financing, and harmonizing socio-economic and environmental outcomes. At the heart of a just energy transition is the commitment to counteract potential setbacks, such as unemployment, ecological degradation, and ensuring equitable prospects within the transformative phase. This article delves into Indonesia’s legislative and policy framework regarding energy transition, spotlighting the obstacles and potentialities of implementing current strategies as well as contemplating the formulation of future policies that champion justice in the energy metamorphosis. Our research methodology includes a literature review with extensive interviews with pivotal stakeholders. The goal is to gauge the ramifications of Indonesia’s energy policies in their social, economic, and environmental dimensions. While Indonesia has an impressive potential in renewable energy resources, a distinct challenge remains – the absence of transparency in orchestrating a just energy transition. Forthcoming legislation and strategies should focus on community needs, particularly of marginalized people, ensuring that they benefit from a just energy transition. Incorporating stakeholders in policy deliberations is vital to shape comprehensive, inclusive strategies.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Navigating Mangrove Protection: A Jurisdictional Approach to Climate Action in South Sumatra, Indonesia","authors":"Edwin Martin, Nur Arifatul Ulya, Syafrul Yunardy, Karlin Agustina, Dewi Meidalima, C. Chuzaimah","doi":"10.1163/18786561-bja10048","DOIUrl":"https://doi.org/10.1163/18786561-bja10048","url":null,"abstract":"\u0000Mangrove ecosystems in Indonesia, essential for coastal protection and carbon sequestration, are under severe threat from deforestation. This article emphasizes their significance and their role in Indonesia’s climate change mitigation strategies. Their carbon sequestration capacity is substantial, potentially preventing significant CO2 emissions. Indonesia is committed to climate change mitigation, with its Enhanced Nationally Determined Contribution focusing on the Forest and Other Land Use (folu) sector, where mangroves are pivotal. However, optimizing this potential and involving local communities present challenges due to weak enforcement, policy conflicts, and limited community engagement. Based on a case study in South Sumatra, this study highlights the importance of involving local governments and communities in mangrove conservation efforts as a climate change mitigation measure. By applying a jurisdictional approach, especially through social-forestry schemes (e.g. Village Forests and mangrove-based ecotourism), local governments can play a crucial role in preserving mangrove ecosystems, integrating them into climate policies, and supporting community empowerment while achieving climate change mitigation goals.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140498133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rights of Rivers in a Changing Climate","authors":"Roanna McClelland","doi":"10.1163/18786561-bja10043","DOIUrl":"https://doi.org/10.1163/18786561-bja10043","url":null,"abstract":"Abstract Climate change presents a risk to drinking water, water supply for industry, energy, and agriculture, and to water-related ecosystems broadly. Parties to the unfccc focused attention on water issues in the 2022 Sharm el-Sheikh Implementation Plan of cop 27, recognizing the critical role of ‘protecting, conserving and restoring water systems and water-related ecosystems in delivering climate adaptation benefits and co-benefits’ and urging the integration of water considerations into adaptation efforts. At the same time, water norms are emerging around rivers and bodies of water, prompting a radical rethinking of the way we manage freshwater. This commentary examines an evolving transnational water norm – rights or personhood for rivers – and considers the limits and possibilities of this norm in a climate change context. Drawing on case law in domestic jurisdictions, it shows that recognizing the limits and possibilities of emerging transnational water norms is a crucial part of the climate-water nexus.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Advisory Opinion on Obligations of States in Respect of Climate Change: Potential Contribution of Human Rights Bodies","authors":"Rebecca McMenamin","doi":"10.1163/18786561-bja10045","DOIUrl":"https://doi.org/10.1163/18786561-bja10045","url":null,"abstract":"Abstract On 29 March 2023, the UN General Assembly adopted a resolution requesting an advisory opinion from the International Court of Justice on the obligations of states in respect of climate change. The icj ’s opinion, if given, will be the first of an international court determining the elements of human rights obligations in the context of climate change. These issues have already been grappled with by UN human rights treaty bodies. I argue that the icj is entitled to take account of these jurisprudential developments, and should do so.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Climate Regime and Other Areas of Law","authors":"Margaret A. Young, Markus W. Gehring","doi":"10.1163/18786561-bja10046","DOIUrl":"https://doi.org/10.1163/18786561-bja10046","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Constraints on Australian Coal Mining: The Role of the Paris Agreement","authors":"Ella Vines","doi":"10.1163/18786561-bja10044","DOIUrl":"https://doi.org/10.1163/18786561-bja10044","url":null,"abstract":"Abstract This commentary assesses legal constraints on coal-mining in Australia in the context of developments in the climate regime. There is a growing global consensus that unabated coal-power must be phased down, yet executive branches of government at the national and subnational levels in Australia continue to approve new coal mines. This commentary looks to litigation that has challenged the approval of new coal mines on climate change grounds. I analyse how the Paris Agreement is being used in these claims. The Agreement provides background and context to the climate impacts of coal use in several cases. However, in a few cases, decisions to refuse coal mines are underpinned by substantive engagement with the Agreement’s global warming limitation goals. These refusals are significant in an Australian legal context that is otherwise weighted in favour of coal mining.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136038370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Constraints on Policymaking for the Reduction of Greenhouse Gas Emissions from Agriculture in Indonesia","authors":"Alexander Zahar, Laely Nurhidayah","doi":"10.1163/18786561-13020001","DOIUrl":"https://doi.org/10.1163/18786561-13020001","url":null,"abstract":"Abstract Agricultural regulation in Indonesia is almost entirely focused on adaptation and food security. Mitigation of emissions from the sector is not presented as an obligation in the country’s body of agricultural law. This situation, which emphasizes autarky, does not facilitate a strong agricultural mitigation policy in the country; and, in fact, Indonesia’s policies and planned actions on greenhouse-gas-emission reduction in agriculture are narrow, vague, and lacking in ambition. The emphatic adaptation focus of Indonesia’s body of agricultural regulation may reflect entrenched values about the role of agriculture in society. An alternative explanation is that the regulatory emphasis on adaptation is an instance of regulatory inertia, sustained by a tradition of agricultural protectionism that deflects risky reforms. Inertia is problematic in itself, as it closes off the sector to innovation. But inertia is not as serious as a values-based resistance in the country to the mitigation of greenhouse gas emissions from agriculture. A government’s mandate in a democratic society to act ambitiously on climate change, in a climate-treaty context that demands little more than “national determination” of ambition, must necessarily be obtained from, in large part, those most directly affected by a regulatory change – in this case, farmers. An inquiry that seeks to elicit their opinion in this respect is overdue. A survey of farmers’ views on their willingness to support mitigation of emissions from their sector would add to our understanding of the risks that our slow response to climate change entails, for it is a response that presumes that a significant mitigation contribution will eventually be made by each and every economic sector, including agriculture. If the issue is mere inertia, the outlook is more optimistic than if the issue is active resistance. Because agriculture is still a closed sector, not only in developing but also in developed countries, this article contributes to our understanding of research priorities for climate law around the world. The article is the first in a series this journal will publish under our co-editorship on climate change law in Indonesia.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135485539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights Due Diligence and the Climate Change Dimension: Implications for Investor Responsibility in International Investment Law","authors":"Sek Lun Cheong","doi":"10.1163/18786561-bja10041","DOIUrl":"https://doi.org/10.1163/18786561-bja10041","url":null,"abstract":"\u0000The concept of human rights due diligence (hrdd) of businesses under the United Nations Guiding Principles on Business and Human Rights (ungps) is an important milestone in the standards of business conduct. The responsibility of businesses to conduct hrdd is focused on the human rights risks to, or impacts on, communities from business activities. Recent developments highlight the increasing convergence and integration between the ungps’ framework of hrdd and climate change. This synergy contrasts starkly with the state of the international investment regime, which has traditionally been characterized as operating in isolation from other fields in international law, notably human rights and environmental law. Given that international investment law is now increasingly featuring the human rights responsibility of foreign investors – in particular with respect to the ungps’ framework of hrdd or its public-interest aspect – the intersection of human rights and international investment law serves as a potential pathway to advancing investor responsibility for the climate-related harm that investment activities may cause.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49345848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}