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• Title:International climate change law / Daniel Bodansky, Jutta Brunnée, Lavanya Rajamani.
  
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• Author/Creator:Bodansky, Daniel, author.
  
• Other Contributors/Collections:Brunnée, Jutta, author.
  Rajamani, Lavanya, author.
  
• Published/Created:Oxford, United Kingdom : Oxford University Press, 2017.
  ©2017
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K3585.5 .B63 2017
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Climatic changes--Law and legislation.
  Environmental law, International.
  Climate change mitigation--International cooperation.
  
• Edition:First edition.
  
• Description:xxxix, 374 pages ; 24 cm
  
• Summary:"This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime (the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement) establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation"-- Provided by publisher.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780199664290 (hardback)
  0199664293 (hardback)
  9780199664306 (paperback)
  0199664307 (paperback)
  
• Contents:Machine generated contents note: I. Climate change as an intractable policy challenge
  II. Three perspectives on the climate change problem
  A. Climate change as an environmental problem
  B. Climate change as an economic problem
  C. Climate change as an ethical problem
  III. Demarcating international climate change law
  IV. subject matter of international climate change law
  A. Mitigation
  B. Adaptation
  C. Finance
  D. Oversight
  V. Recurring themes in the UN climate regime
  A. Legal bindingness
  1. Treaties
  2. Decisions of parties
  3. Political agreements
  B. Architecture
  C. Differentiation
  VI. broader context for international climate change law
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  I. Introduction
  II. sources of international law
  III. Key principles of international environmental law
  A. no-harm rule and related principles
  1. Harm prevention and due diligence
  2. Procedural obligations
  3. Prevention and precaution
  B. Establishing state responsibility for violation of the no-harm rule
  1. General considerations
  2. Legal action for climate harm-some examples
  C. Invoking state responsibility for harm to the global commons
  D. Common concern and common but differentiated responsibilities and respective capabilities
  E. Precaution, sustainable development, and the intertemporal reach of international environmental law
  IV. Treaty-based approaches to environmental protection
  A. Treaty development over time
  1. framework-protocol model
  2. Institutionalization
  3. Ongoing standard-setting processes
  B. Treaty design to induce participation
  C. Promotion of implementation and compliance
  1. Emergence of the implementation and compliance focus
  2. Modern multilateral environmental agreements and compliance
  V. Conclusion
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  I. Introduction
  II. Treaties and treaty-based law-making
  A. What is a treaty?
  B. Treaty negotiations
  1. pre-negotiation phase: issue, forum, and mandate
  2. negotiating process
  C. Adoption, signature, ratification, and entry into force of treaties
  D. Treaty development
  1. New treaties to supplement the framework
  2. Amendments
  3. Decisions of the parties
  4. Political agreements
  5. Ambiguity, interpretation, and subsequent practice
  III. Conclusion
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  I. Introduction
  II. Agenda-setting (1985-1990)
  III. Constitutional phase: negotiation and entry into force of the FCCC (1990-1995)
  IV. Regulatory phase: negotiation and elaboration of the kyoto protocol (1995-2005)
  V. Second constitutional phase: negotiating the future climate regime (2005-2016)
  A. Bali Action Plan
  B. Copenhagen Accord
  C. Cancun Agreements
  D. Durban Platform and Doha Amendment
  VI. Conclusion
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  I. Introduction
  II. Overarching issues
  A. Legal bindingness
  B. Architecture
  C. Scope
  D. Differentiation
  III. Preamble, objective, and principles (Articles 2 and 3)
  A. Preamble
  B. Objective (Article 2)
  C. Principles (Article 3)
  1. Background
  2. Principle of common but differentiated responsibilities and respective capabilities
  3. Precaution and cost-effectiveness
  4. Sustainable development
  5. Supportive and open economic system
  IV. Commitments (Articles 4-6 and 12)
  A. General commitments (Articles 4.1, 5, 6, and 12.1)
  B. Mitigation (Articles 4.1(b)-(d) and 4.2)
  1. Targets and timetables
  2. Comprehensive approach
  3. Joint implementation
  C. Adaptation (Articles 4.1(b) and (e), 4.8, and 4.9)
  D. Financial support (Articles 4.3 and 4.4)
  E. Technology transfer (Article 4.5)
  F. Transparency (Articles 4.1(a) and 12)
  V. Institutions (Articles 7-11)
  A. Conference of the Parties (Article 7)
  B. Secretariat (Article 8)
  C. Subsidiary Body for Scientific and Technological Advice (Article 9)
  D. Subsidiary Body for Implementation (Article 10)
  E. Financial mechanism (Articles 11 and 21.3)
  VI. Implementation and compliance mechanisms (Articles 7.2 and 12-14)
  A. Overview
  B. Reporting (Article 12)
  C. International review (Article 7.2)
  D. Multilateral consultative process to resolve questions regarding implementation (Article 13)
  E. Dispute settlement (Article 14)
  VII. Final clauses (Articles 15-25)
  A. Amendments, annexes, and protocols to the convention (Articles 15, 16, and 17)
  B. Voting rights, signature, and ratification (Articles 18, 20, and 22)
  C. Entry into force (Article 23)
  D. Reservations and withdrawal (Articles 24 and 25)
  VIII. Conclusion
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  I. Introduction
  II. Overarching issues
  A. Legal bindingness
  B. Architecture
  C. Scope
  D. Differentiation
  1. Differentiation between Annex I and non-Annex I parties
  2. Differentiation within the category of Annex I parties
  3. Voluntary commitments for developing countries
  III. Preamble and definitions (Article 1)
  IV. Commitments (Articles 2, 3, 5, 7, 8, 10, and 11)
  A. General commitments
  B. Specific commitments for Annex I and Annex II parties
  1. Policies and measures (Article 2)
  2. Mitigation targets and timetables (Article 3)
  a. Legal character
  b. Differentiated targets
  c. Collective target
  d. Base year
  e. Assigned amount units
  f. Sinks
  g. Multi-year commitment period
  h. Banking
  i. Joint fulfilment
  3. Financial support (Article 11)
  V. Mechanisms (Articles 6, 12, and 17)
  A. Joint implementation (Article 6)
  B. Clean Development Mechanism (Article 12)
  1. Additionality
  2. Sustainable development
  3. Project eligibility
  4. Project types
  a. Unilateral CDM
  b. Programmatic CDM
  c. Other project types
  5. Equitable geographical distribution of CDM projects
  6. Share of proceeds
  C. Emissions trading (Article 17)
  D. Outlook
  VI. Reporting, review, and compliance (Articles 5, 7, 8, and 18)
  A. Reporting and review (Articles 5, 7, and 8)
  B. Compliance procedures and mechanisms
  1. Context and goals
  2. Triggers
  3. Compliance Committee and its process
  a. facilitative branch
  b. enforcement branch
  4. Outlook
  VII. Institutions (Articles 13, 14, and 15)
  VIII. Multilateral consultative process (Article 16)
  IX. Final clauses (Articles 19-28)
  X. second and future commitment periods of the Kyoto Protocol
  XI. Conclusion
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  I. Introduction
  II. Overarching issues
  A. Legal bindingness
  1. Legal form of the 2015 agreement
  2. Legal character of the provisions in the 2015 agreement
  B. Architecture
  C. Scope
  D. Differentiation
  1. CBDRRC principle in the Paris Agreement
  2. Operationalizing the CBDRRC principle in the Paris Agreement
  a. Differentiation in mitigation
  b. Differentiation in transparency
  c. Differentiation in finance
  III. Preamble
  IV. Purpose (Articles 2 and 4.1)
  V. Mitigation (Article 4)
  A. Obligations in relation to nationally determined contributions (NDCs)
  B. Registering NDCs
  C. Progression in NDCs
  D. Ambition cycle
  VI. Market-based approaches (Article 6)
  VII. Adaptation (Article 7)
  VIII. Loss and damage (Article 8)
  IX. Support (Articles 9, 10, and 11)
  A. Finance
  1. Financial commitments
  2. Donor pool
  3. Mobilization goal
  B. Technology
  C. Capacity-building
  X. Oversight system (Articles 13, 14, and 15)
  A. Transparency (Article 13)
  B. Global stocktake (Article 14)
  C. Implementation and Compliance Mechanism (Article 15)
  XI. Institutions (Articles 16-19)
  XII. Final clauses (Articles 20-28)
  XIII. Next steps
  XIV. Conclusion
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  I. Introduction
  II. Multi-level climate governance
  III. Public and private climate governance
  IV. Climate governance by other multilateral institutions
  A. Bunker emissions
  1. International Maritime Organization
  2. International Civil Aviation Organization
  B. Ozone-depleting substances
  C. Black carbon and other short-lived climate forcers
  D. UN Security Council
  E. Informal political forums
  1. Major Economies Forum on Energy and Climate
  2. G-8/G-20
  3. Bilateral initiatives
  V. Sub-national climate governance
  VI. Judicial governance
  A. Functions of litigation
  B. Source of law
  C. Forum
  D. Assessment
  VII. Polycentric governance of the carbon market
  VIII. Polycentric governance and the UN climate change regime
  IX. Conclusion
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  I. Introduction
  II. Climate change and human rights
  A. Introduction
  B. Distinguishing features of a human rights approach to climate change
  C. Advantages and disadvantages of a human rights approach to climate change
  D. Which human rights are affected by the impacts of climate change?
  1. Extending the ambit of existing rights to address climate impacts
  2. Recognizing a right to a healthy or clean environment
  E. Nature of duties
  1. Types of duties
  2. Duty holders
  3. Duty beneficiaries
  F. Human rights implications of response measures
  G. Human rights in the UN climate regime
  III. Climate change, migration, and displacement
  A. Introduction
  B. Existing international protection
  Contents note continued: 1. Internal displacement
  2. Cross-border displacement
  a. International refugee law
  b. International human rights law
  c. Law relating to statelessness
  C. Addressing gaps in protection
  D. Climate-induced displacement and migration in the UN climate regime
  IV. Climate change and trade
  A. World Trade Organization
  B. GATT principles
  1. Trade disciplines
  2. Exceptions
  3. dispute settlement process
  4. relationship between trade rules and climate protection measures
  a. Unilateral or multilateral measures?
  b. Direct and indirect trade restrictions
  c. role of the 'likeness' standard
  d. Criteria for assessing 'likeness'
  e. Processes and production methods (PPMs) and 'likeness'
  5. Trade-related climate measures
  a. Border adjustments
  b. Subsidies
  C. Trade in the UN climate regime
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  I. evolution of international climate change law: A brief recap
  II. Distinctive features of international climate change law
  III. Effectiveness of international climate change law
  IV. Looking ahead.