Climate Law最新文献_第9页

Beyond the icao’s corsia: Towards a More Climatically Effective Strategy for Mitigation of Civil-Aviation Emissions 《超越国际民航组织的corsia:制定更有效的减缓民用航空排放的气候战略》

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Climate Law Pub Date : 2018-04-19 DOI: 10.1163/18786561-00801004

C. Lyle

{"title":"Beyond the icao’s corsia: Towards a More Climatically Effective Strategy for Mitigation of Civil-Aviation Emissions","authors":"C. Lyle","doi":"10.1163/18786561-00801004","DOIUrl":"https://doi.org/10.1163/18786561-00801004","url":null,"abstract":"Pursuant to a referral by the UNFCCC through the Kyoto Protocol, the International Civil Aviation Organization ( ICAO ) has developed a ‘basket’ of emission-mitigation measures for international aviation. Technical and operational measures proved inadequate to counter traffic growth, and finally, in October 2016, the ICAO adopted a framework for a market-based measure. The Carbon Offset and Reduction Scheme for International Aviation ( CORSIA ) is the primary emission-mitigation tool for international aviation. It aims at ‘carbon-neutral growth’ ( CNG ) from 2020 onward. Yet, even with an increased use of alternative fuels and comprehensive implementation of CORSIA , the ICAO ’s basket of measures will not produce a reduction in global aviation emissions. This article describes the legal and governance framework and the implementation process of CORSIA , assesses the scheme’s potential contribution to climate-change mitigation, and proposes a derivative but more ambitious strategy. This would include incorporation of international aviation emissions in the NDC s of parties to the Paris Agreement and a more direct role for the UNFCCC in determining eligibility of emission units and alternative fuels, with the ICAO remaining accountable for monitoring, reporting and verification. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"104-127"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46167632","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: 37

Globalization’s Vehicle: The Evolution and Future of Emission Regulation in the icao and imo in Comparative Assessment 全球化的载体：比较评估中icao和imo排放法规的演变和未来

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Climate Law Pub Date : 2018-04-19 DOI: 10.1163/18786561-00801003

Jeffrey J. Smith, M. Ahmad

{"title":"Globalization’s Vehicle: The Evolution and Future of Emission Regulation in the icao and imo in Comparative Assessment","authors":"Jeffrey J. Smith, M. Ahmad","doi":"10.1163/18786561-00801003","DOIUrl":"https://doi.org/10.1163/18786561-00801003","url":null,"abstract":"Global aviation and shipping offer important lessons for the regulation of air pollution and greenhouse gas emissions. In a relatively short period, each industry has, through international organizations, achieved seemingly effective, universally adopted rules. This article explores the historical development and prospects for air-pollution regulation by examining and comparing state delegation of rule making to the International Civil Aviation Organization and the International Maritime Organization. It is argued that the success experienced in the regulation of the two industries’ air emissions would not have been accomplished without their multilateral organizations. That is because of the complexity of technical regulation and a lack of capacity in many states to design and implement regulations. The article examines the development of now-comprehensive air-pollution regulation by the two organizations. The lessons for regulatory design are canvassed, including for relevance to greenhouse-gas control and the emerging framework of global atmospheric protection. The question of how to assess the effectiveness of the regulation is considered in an effort to understand how progress in the two industries might be sustained. Improved regulation, it is concluded, will depend on the two governing regimes adopting measures from each other and ensuring that they are included in an emerging global atmospheric governance framework.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"70-103"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41913189","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 Paris Agreement on Climate Change: Analysis and Commentary, edited by Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer, and Andrew Higham 《巴黎气候变化协定:分析与评论》，丹尼尔·克莱因、María Pía卡拉佐、迈因哈德·多勒、简·布尔默和安德鲁·海厄姆主编

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Climate Law Pub Date : 2018-04-19 DOI: 10.1163/18786561-00801005

B. Mayer

引用次数: 1

Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement 建立有效机制促进《巴黎协定》实施和履约

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Climate Law Pub Date : 2018-04-19 DOI: 10.1163/18786561-00801002

S. Oberthür, E. Northrop

{"title":"Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement","authors":"S. Oberthür, E. Northrop","doi":"10.1163/18786561-00801002","DOIUrl":"https://doi.org/10.1163/18786561-00801002","url":null,"abstract":"The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other MEA s. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion. 1","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"8 1","pages":"39-69"},"PeriodicalIF":1.0,"publicationDate":"2018-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43404984","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: 3

Accountability or Accounting? Elaboration of the Paris Agreement’s Implementation and Compliance Committee at cop 23 问责制还是会计?第23次缔约方会议上《巴黎协定》执行与合规委员会的详细阐述

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Climate Law Pub Date : 2018-04-19 DOI: 10.1163/18786561-00801001

Christopher Campbell-Duruflé

引用次数: 1

United States’ Options for Receiving Cross-Border Climate Migrants 美国接收跨境气候移民的选择

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Climate Law Pub Date : 2017-11-09 DOI: 10.1163/18786561-00704002

K. Wyman

引用次数: 1

When Climate Takes a Village: Legal Pathways toward the Relocation of Alaska Native Villages 当气候带走一个村庄:阿拉斯加土著村庄重新安置的法律途径

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Climate Law Pub Date : 2017-11-09 DOI: 10.1163/18786561-00704003

E. Ristroph

{"title":"When Climate Takes a Village: Legal Pathways toward the Relocation of Alaska Native Villages","authors":"E. Ristroph","doi":"10.1163/18786561-00704003","DOIUrl":"https://doi.org/10.1163/18786561-00704003","url":null,"abstract":"In Alaska, indigenous rural communities face climate-related challenges to maintaining their physical and cultural continuity. Some of these communities are considering ‘co-relocation’, in which the population of an entire community relocates to a new site on nearby rural land where residents can continue to practice their subsistence lifeways. Some Alaskans have called for government-assisted co-relocation for Alaska Native Villages ( ANV s), whereby national and State of Alaska government agencies pay for and lead the construction of housing and infrastructure at the new site. This model of relocation has many challenges, including expense, delay, lack of support from those outside ANV s, confusion as to which agency will do what, and the effect of continuing an unsustainable Western colonial pattern. The state and federal governments, in partnership with ANV s, need to explore what alternatives are available to preserve these communities’ physical and cultural continuity. This article considers the legal and political framework for relocation alternatives, and suggests pathways that would not require major changes of law or the creation of new agencies. I draw on various legal sources as well as interviews with ANV members, Alaska legislators, Congressional staff, federal and state agency directors, academics, planners, and others who make or influence policy that could affect co-relocation.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"7 1","pages":"259-289"},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41603764","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: 14

Universal Human Rights? Breaking the Institutional Barriers Facing Climate-Vulnerable Small-Island Developing States 普世人权?打破易受气候影响的小岛屿发展中国家面临的体制障碍

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Climate Law Pub Date : 2017-11-09 DOI: 10.1163/18786561-00704005

A. Venn

引用次数: 5

Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing us Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic 在监管空白中重新想象搬迁：美国联邦和州对基瓦利纳在阿拉斯加北极地区气候变化的监管回应不足

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Climate Law Pub Date : 2017-11-09 DOI: 10.1163/18786561-00704004

Jennifer Marlow, Lauren E. Sancken

{"title":"Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing us Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic","authors":"Jennifer Marlow, Lauren E. Sancken","doi":"10.1163/18786561-00704004","DOIUrl":"https://doi.org/10.1163/18786561-00704004","url":null,"abstract":"Relocation requires reimagining the role of law and policy in assisting community relocation planning in predisaster contexts. For decades, the 467-person Inupiaq whaling village of Kivalina, Alaska, has navigated agency-led relocation processes and sought legal remedies to pursue relocation as a comprehensive means of addressing overcrowding, inadequate water and sanitation services, and the impacts of climate change on permafrost and coastline stability. Despite Kivalina’s highly successful efforts to create media and public awareness of its situation, no actionable relocation plans have emerged out of Kivalina’s formal engagement with traditional legal and policy avenues. \u0000This article examines three issues: \u0000(1) Kivalina’s current efforts to relocate within the context of its colonial past; \u0000(2) the limited us federal and state regulatory mechanisms available to Kivalina and other displaced Arctic tribal communities; and \u0000(3) ad hoc models that embrace the complexity of self-reliant relocation in predisaster contexts.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"7 1","pages":"290-321"},"PeriodicalIF":1.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00704004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46107151","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: 4

Climate Displacement, Migration, and Relocation—And the United States 气候流离失所、移民和重新安置——与美国

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Climate Law Pub Date : 2017-11-09 DOI: 10.1163/18786561-00704001

Maxine Burkett, Jainey K. Bavishi, E. Shew

引用次数: 1