Carbon and Climate Law Review最新文献

Reparations For Climate Harm and The Role of The Loss and Damage Mechanism: Lessons from Other Areas of Law 气候损害赔偿和损失损害机制的作用:来自其他法律领域的经验教训

Carbon and Climate Law Review Pub Date : 2023-01-01 DOI: 10.21552/cclr/2023/2/4

O. Davison

{"title":"Reparations For Climate Harm and The Role of The Loss and Damage Mechanism: Lessons from Other Areas of Law","authors":"O. Davison","doi":"10.21552/cclr/2023/2/4","DOIUrl":"https://doi.org/10.21552/cclr/2023/2/4","url":null,"abstract":"The Global South is increasingly calling upon nations in the Global North to develop finance mechanisms to combat loss and damage. However, loss and damage remains underdeveloped due to the Global North’s current refusal to accept financial responsibility for climate harm occurring in vulnerable nations. Scholars have argued that the finance for loss and damage should be based upon the principle of reparations, but there is very limited research exploring how a reparations scheme should work. This article explores two existing reparations schemes: Canada’s Truth and Reconciliation Commission and Australia’s National Redress scheme, to identify successful elements and limitations of these schemes. Based on this analysis, this article proposes that a climate reparations scheme should be informed by Indigenous voices and knowledge and focus on providing multiple forms of meaningful redress. The paper also finds that it is possible to develop a reparations scheme without necessarily imposing liability on the Global North. It argues that a scheme of this nature may result in the Global North being more willing to develop financing to combat loss and damage and start paving the way for meaningful climate reparations.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136210085","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

Indonesia ∙ The Voluntary Carbon Market and Indonesian Publicly Listed Companies 自愿碳市场和印尼上市公司

Carbon and Climate Law Review Pub Date : 2023-01-01 DOI: 10.21552/cclr/2023/2/8

H. S Abidin, S. D Kartikasari

引用次数: 0

Regulatory Approaches to Carbon Dioxide Usage and Storage in the European Union 欧盟二氧化碳使用和储存的监管方法

Carbon and Climate Law Review Pub Date : 2023-01-01 DOI: 10.21552/cclr/2023/2/5

T. Hocksell

引用次数: 0

Bringing the Ocean into National Systemic Climate Litigation – Is Due Diligence a Bridge? 将海洋纳入国家系统性气候诉讼——尽职调查是一座桥梁吗?

Carbon and Climate Law Review Pub Date : 2023-01-01 DOI: 10.21552/cclr/2023/2/6

K. McKenzie

引用次数: 0

European Union ∙ European Climate Policy: One Step Forward, Two Steps Back 欧洲气候政策:前进一步，后退两步

Carbon and Climate Law Review Pub Date : 2023-01-01 DOI: 10.21552/cclr/2023/2/7

A. Lerch, S. Rudolph

引用次数: 0

The Paris Agreement and Net-Zero Emissions: What Role for the Land-Sector? 《巴黎协定》与净零排放:土地部门扮演什么角色?

Carbon and Climate Law Review Pub Date : 2021-01-01 DOI: 10.21552/CCLR/2021/1/3

F. Correa, C. Voigt

引用次数: 1

Climate Diplomacy on Hold, But not Climate Change 气候外交暂停，但不会改变气候变化

Carbon and Climate Law Review Pub Date : 2021-01-01 DOI: 10.21552/cclr/2021/3/4

W. Obergassel, C. Arens, C. Beuermann, V. Brandemann, L. Hermwille, N. Kreibich, M. Spitzner, H. Wang-Helmreich

{"title":"Climate Diplomacy on Hold, But not Climate Change","authors":"W. Obergassel, C. Arens, C. Beuermann, V. Brandemann, L. Hermwille, N. Kreibich, M. Spitzner, H. Wang-Helmreich","doi":"10.21552/cclr/2021/3/4","DOIUrl":"https://doi.org/10.21552/cclr/2021/3/4","url":null,"abstract":"[...]the article takes a closer look at the current dynamics among non-Party actors. [...]a new mechanism ‘to contribute to the mitigation of greenhouse gas emissions and support sustainable development’ is established under Article 6.4. [...]Article 6.8 provides for non-market approaches to be used. The five priority areas are: A. Capacity Building, knowledge management and communication, B. Gender balance, participation and women’s leadership, C. Coherence, D. Gender responsive implementation and means of implementation, and E. Monitoring and reporting.13 In October 2020, due to the pandemic, the UNFCCC secretariat merely published the annual report on ‘gender composition’, focussing on annual comparative data on sexus of members in the constituted bodies established under the Convention, and of Party delegations to sessions.14 As an annex, some information was provided on the secretariat’s implementation of ‘decisions that include a gender approach in keeping with applicable gender-related policies under the Convention’.15 Concerning the central activity A.2 to ‘Discuss and clarify the role and work of the national gender and climate change focal points’ (NGCCFPs), ‘including by providing capacity-building","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85656273","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

The Evolving Locus Standi and Causation Requirements in Kenya: A Precautionary Turn for Climate Change Litigation? 肯尼亚不断演变的地点标准和因果关系要求:气候变化诉讼的预防性转向?

Carbon and Climate Law Review Pub Date : 2021-01-01 DOI: 10.21552/cclr/2021/2/8

L. Omuko-Jung

{"title":"The Evolving Locus Standi and Causation Requirements in Kenya: A Precautionary Turn for Climate Change Litigation?","authors":"L. Omuko-Jung","doi":"10.21552/cclr/2021/2/8","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/8","url":null,"abstract":"A recognised challenge for climate litigation is the fundamental incompatibility between the climate change problem and legal systems’ ability to hold critical players accountable. Locus standi and causation are critical stumbling blocks in the quest for climate justice. In Kenya, the requirements for locus standi and causation in public interest environmental litigation have been evolving. This article explores this evolution, showing three ways in which this creates opportunities for climate litigation. Firstly, there is no need to show particularised injury, which allows any person to sue for climate-related actions or inactions. Secondly, liability routes have been created that allow litigants to avoid the restrictive causation requirements, so that the plaintiff would not have to show any injury, let alone link harms to emissions from specific entities or to inaction. Thirdly, the courts take a precautionary approach which then shifts the burden of proof to the defendants, who are required to show that their activities or inaction do not pose a threat of serious or irreversible damage. These recent developments provide the needed legal opportunities for climate litigation and could make Kenya a potential hotspot for future climate change cases.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76882794","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

Latin America and the Caribbean ∙ INHALTSTITEL UNDEFINIERT 拉丁美洲和加勒比地区

Carbon and Climate Law Review Pub Date : 2021-01-01 DOI: 10.21552/cclr/2020/2/9

N. Trennepohl

引用次数: 0

Xenophobia-Induced Disaster Displacement in Gauteng, South Africa: A Climate Change Litigation Perspective 南非豪登省仇外导致的灾难流离失所:气候变化诉讼的视角

Carbon and Climate Law Review Pub Date : 2021-01-01 DOI: 10.21552/cclr/2021/2/6

J. Klaaren

{"title":"Xenophobia-Induced Disaster Displacement in Gauteng, South Africa: A Climate Change Litigation Perspective","authors":"J. Klaaren","doi":"10.21552/cclr/2021/2/6","DOIUrl":"https://doi.org/10.21552/cclr/2021/2/6","url":null,"abstract":"The growing incidence of displacement caused by climate change impacts represents a particular risk area on the African continent. This article focuses on two global and local poles in an investigation of a provincial government’s response to disaster displacement due to xenophobic violence. In 2008 in Gauteng, South Africa the global frame of international human rights and refugee law clearly interacted with a national legal regime on disaster management which privileged local and provincial actions. This article explores the material and conceptual linkages between disaster displacement and climate change with particular attention to litigation and to legal support structures. Assuming a certain degree of familiar-ity with climate change litigation and its literature, the article explores and presents a specific cross-cutting perspective, for which there is only modest treatment in the existing literature, the linkage of disaster displacement litigation (and legal responses) to climate change litigation. The article outlines and briefly examines a short but intense period of litigation following the xenophobia-induced 2008 displacement in South Africa which has not been widely discussed or attended to in scholarly literature. Beyond demonstrating the gap between local institutional preparedness and the evident level of risk from disasters at all scales including those associated with climate change, the case study investigated here shows the importance of thinking about the local with the global, particularly with respect to the linkage between displacement and climate change.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82260069","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