Climate Law最新文献_第3页

The Paris Agreement’s Article 6 Market Mechanisms and wto Law 《巴黎协定》第六条市场机制与wto法律

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Climate Law Pub Date : 2021-11-16 DOI: 10.1163/18786561-11030004

G. Moon, C. Schwarte

引用次数: 0

Rebus sic stantibus as a Stabilizing Doctrine in the Climate Crisis 论气候危机中的稳定主义

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Climate Law Pub Date : 2021-11-16 DOI: 10.1163/18786561-11030001

D. A. A. Reisman

{"title":"Rebus sic stantibus as a Stabilizing Doctrine in the Climate Crisis","authors":"D. A. A. Reisman","doi":"10.1163/18786561-11030001","DOIUrl":"https://doi.org/10.1163/18786561-11030001","url":null,"abstract":"\u0000In the face of massive, unanticipated and even disjunctive changes, the balance of the respective interests of the state parties to existing treaties may no longer survive the changed—or changing—climate landscape. While, ideally, the co-contracting states to such treaties could mutually agree to terminate or revise their treaty obligations to accommodate such changes and redress the now imbalance of interests in the treaty, some scenarios are bound to be contentious. In such cases, is there any other procedure that can provide for an orderly and fair adjustment of treaties so as to avert a breakdown of the network of treaties and a destabilization of world order? This article proposes that the rebus sic stantibus doctrine may function as a stabilizing doctrine for maintaining and possibly adjusting treaty regimes in an orderly fashion. Unlike the doctrine of necessity or many explicit treaty carve-outs, such as the security exception of the US Model Bilateral Investment Treaty, the doctrine of rebus sic stantibus may allow for both an objective test and also one that must be pleaded before a third-party arbiter. For this reason, rebus operates within controlled limits. Rebus offers an international tribunal the opportunity to set out a fair termination or revision of a climate-impacted treaty. I trace the evolution of rebus as a stabilizing doctrine and illustrate the potentialities of its application to the climate crisis.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44339398","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}

引用次数: 0

A Question of Value: On the Legality of Using Kyoto Protocol Units under the Paris Agreement 价值问题：论《巴黎协定》下使用《京都议定书》单位的合法性

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Climate Law Pub Date : 2021-11-16 DOI: 10.1163/18786561-11030005

D. Rossati

{"title":"A Question of Value: On the Legality of Using Kyoto Protocol Units under the Paris Agreement","authors":"D. Rossati","doi":"10.1163/18786561-11030005","DOIUrl":"https://doi.org/10.1163/18786561-11030005","url":null,"abstract":"\u0000The first commitment period of the Kyoto Protocol generated about 4.3 billion Assigned Amount Units (aaus) and about 180 million Certified Emission Reductions (cers) for carry-over by Annex i states and potential use as ‘overachievements’ or offsets to discount emissions under ndcs. The second commitment period may generate additional carry-over units, and there is an estimated ‘dormant’ amount of about 4.6 billion cers that could be issued from ongoing cdm projects. To rely on these units risks upsetting the process of trust-building necessary to increase ambition under the Paris Agreement. This article questions the legality of carry-overs but finds that a textual interpretation of the current legal framework under both treaties leaves the matter unresolved. With a more refined legal interpretation, based on the principles of environmental integrity and sound accounting under the Paris Agreement, the article re-evaluates aaus and cers under the Agreement, by relying on insights from a social theory of value and the critical studies literature on the political economy of carbon markets. The conclusion is that aaus cannot be used under the ndc accounting framework, as their formal value of 1 Mt CO2 eq. under the Kyoto Protocol is considerably diminished under the Agreement. As for cers, their value depends on different social realities related to their issuance. States or the cma should adopt transparent criteria to select the cers that are worth transitioning pursuant to the Article 6.4 mechanism. The same conceptual framework of value-attribution can also inform the design and operation of the Article 6 mechanisms and their units in order to attain higher environmental integrity and sound accounting for ndcs.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43330178","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}

引用次数: 1

The New German Coal Laws: A Difficult Balancing Act 德国新煤炭法:艰难的平衡法案

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Climate Law Pub Date : 2021-07-22 DOI: 10.1163/18786561-11020003

Louisa Raitbaur

引用次数: 4

Bridging the Climate and Maritime Legal Regimes: The imo’s 2018 Climate Strategy as an Erga Omnes Obligation 弥合气候和海洋法律制度：国际海事组织2018年气候战略是Erga Omnes的义务

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Climate Law Pub Date : 2021-07-22 DOI: 10.1163/18786561-11020001

Baine P. Kerr

引用次数: 1

Milieudefensie et al. v. Shell: A Tipping Point in Climate Change Litigation against Corporations? Milieudensie等人诉壳牌：针对企业的气候变化诉讼的转折点？

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Climate Law Pub Date : 2021-07-22 DOI: 10.1163/18786561-11020005

Andreas Hösli

引用次数: 10

EU Climate Policy under the Paris Agreement 《巴黎协定》下的欧盟气候政策

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Climate Law Pub Date : 2021-07-22 DOI: 10.1163/18786561-11020002

C. Schwarte

引用次数: 5

Possibilities for Justice and Equity in Human Rights and Climate Law: Benefit-Sharing in Climate Finance 人权与气候法中实现正义与公平的可能性:气候融资中的利益分享

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Climate Law Pub Date : 2021-04-01 DOI: 10.1163/18786561-11010001

K. Bouwer

引用次数: 1

The Variable Nature of Ownership of Emission Units in the Intersection of Climate Law, Property Law, and the Regulation of Financial Markets 气候法、物权法和金融市场监管交叉下排放单位所有权的可变性质

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Climate Law Pub Date : 2021-04-01 DOI: 10.1163/18786561-11010002

Emilie Yliheljo

引用次数: 1

Changing Climate, Unchanged Mandate: bric Countries in the UN Security Council 气候变化，使命不变:金砖四国在联合国安理会

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Climate Law Pub Date : 2021-04-01 DOI: 10.1163/18786561-11010003

Tomáš Bruner

{"title":"Changing Climate, Unchanged Mandate: bric Countries in the UN Security Council","authors":"Tomáš Bruner","doi":"10.1163/18786561-11010003","DOIUrl":"https://doi.org/10.1163/18786561-11010003","url":null,"abstract":"\u0000The UN Security Council has turned its attention to the link between climate change and security several times. Its members and other UN member states participating in discussions have remained divided over the Council’s engagement. Among vocal opponents are the bric countries: Brazil, Russia, India, and China. This article examines the argumentation of these countries during seven UN Security Council meetings between 2007 and 2020. The bric countries often concede that climate change is a threat, but they strongly resist the idea that such a threat could be addressed by the Council. I use a Critical Legal Studies approach to analyse how the bric countries bolstered their key argumentation before the Council. I find that the bric countries exploited a ‘background rule’ concerning the unsc mandate and used it to reaffirm the limits on the Council’s action. They were thus able to avoid self-contradiction and strengthen their political position through a legal argument. This complemented other objections they raised against the Council’s involvement: its insufficient expertise, inefficient tools, and the inapplicability of the principle of common but differentiated responsibilities to its decision-making.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"11 1","pages":"76-111"},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43212446","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}

引用次数: 0