Journal articles: 'State law on climate change'

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Nyka, Maciej. "State Responsibility for Climate Change Damages." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 131–52. http://dx.doi.org/10.31743/recl.12246.

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The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of climate change.

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Voigt, Christina. "State Responsibility for Climate Change Damages." Nordic Journal of International Law 77, no. 1-2 (2008): 1–22. http://dx.doi.org/10.1163/090273508x290672.

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AbstractThe Intergovernmental Panel on Climate Change (IPCC) outlined in its Fourth Assessment Report (2007) various consequences of continuing greenhouse gas emissions into the atmosphere. The effects include the loss of land and property, health and ecological damages, threats to human security and potential human casualties. The question which this article seeks to address is whether and how international law is equipped to deal with complex global challenges such as climate change. Special focus is given to the law on state responsibility and its capacity to deal with damages that are caused by a changing climate. In this context, the following legal issues will be examined: Can states be held responsible under international law for current or future climate change damages? Is there an obligation under public international law to prevent and to compensate for such damages? Especially the determination of a primary obligation to prevent harm, acting with due diligence, the question of causality and the determination of legal consequences are considered. As the examples given by the IPCC show, there will be an increasing need to address the issue of compensation for climate damages. Justice, fairness and international, national and human security require international law to adjust and live up to these challenges.

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MAYER, Benoit. "Climate Change Reparations and the Law and Practice of State Responsibility." Asian Journal of International Law 7, no. 1 (March 2, 2016): 185–216. http://dx.doi.org/10.1017/s2044251315000351.

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AbstractIt has been argued elsewhere that industrial states were legally responsible for interfering with the climate system by failing to prevent excessive greenhouse gas emissions. This paper determines the international legal principles relevant to the remedial obligations of industrial states. It assumes that climate change reparations should aim first at providing a signal for the cessation of the wrongful act (i.e. incentivizing climate change mitigation) rather than addressing the injury. A review of state practice in different fields suggests the existence of relevant exceptions to the principle of full reparation. These exceptions relate to the financial capacity of responsible states, the indirect nature of the injury, considerations of “culpability”, and the limitations of collective responsibility as “rough” justice. Accordingly, it is suggested that climate change reparations should be limited to partial compensation and symbolic measures of satisfaction prone to incentivize climate change mitigation.

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Jones, Bradford S. "State Responses to Global Climate Change." Policy Studies Journal 19, no. 2 (March 1991): 73–82. http://dx.doi.org/10.1111/j.1541-0072.1991.tb01883.x.

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Kułaga, Łukasz. "The Impact of Climate Change on States." International Community Law Review 23, no. 2-3 (June 29, 2021): 115–32. http://dx.doi.org/10.1163/18719732-12341465.

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Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

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Euston, Stanley R. "Rebooting State Planning: Climate Change and the Energy Challenge." Planning & Environmental Law 57, no. 11 (November 2005): 3–9. http://dx.doi.org/10.1080/15480755.2005.10394318.

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Knoer, Colin M. "Climate Change Meets the Commerce Clause: Obstacles and Alternatives for State and Local Responses to Climate Change." Environmental Claims Journal 32, no. 2 (December 31, 2019): 153–78. http://dx.doi.org/10.1080/10406026.2019.1706267.

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Abbott, Kenneth W. "Strengthening the Transnational Regime Complex for Climate Change†." Transnational Environmental Law 3, no. 1 (October 14, 2013): 57–88. http://dx.doi.org/10.1017/s2047102513000502.

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AbstractThe inadequacies of the inter-state institutions and negotiating processes central to international climate policy create a pressing need for governance innovation. This article proposes one promising and feasible approach: strengthening the existingtransnationalregime complex for climate change. Leading organizations could strengthen the regime complex by forging stronger links among institutions, increasing coordination and collaboration, supporting weaker institutions and encouraging the entry of new ones where governance gaps exist. An enhanced regime complex would have a multilevel structure, enabling transnational institutions tobypassrecalcitrant national governments by directly engaging sub-state and societal actors at multiple levels of authority and scale. It would also help tomanagerecalcitrant states by mobilizing advocacy, demonstration effects and other pressures on governments. Regime entrepreneurs, using the strategy of orchestration, could deploy a range of incentives and other tools of influence to enrol, support and steer transnational organizations.

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Doelle, Meinhard. "Climate Change and the WTO: Opportunities to Motivate State Action on Climate Change through the World Trade Organization." Review of European Community and International Environmental Law 13, no. 1 (April 2004): 85–103. http://dx.doi.org/10.1111/j.1467-9388.2004.00386.x.

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Zuhir, Mada Apriandi. "RETHINKING LEGALITY OF STATE RESPONSIBILITY ON CLIMATE CHANGE IN INTERNATIONAL LAW PERSPECTIVES." Jurnal Dinamika Hukum 17, no. 2 (May 31, 2017): 203. http://dx.doi.org/10.20884/1.jdh.2017.17.2.801.

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Mayer, Benoit. "Construing International Climate Change Law as a Compliance Regime." Transnational Environmental Law 7, no. 1 (July 3, 2017): 115–37. http://dx.doi.org/10.1017/s2047102517000127.

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AbstractUnder the no-harm principle, states must prevent activities within their jurisdiction from causing extraterritorial environmental harm. It has been argued elsewhere that excessive greenhouse gas emissions (GHG) from industrial states constitute a breach of this principle and instigate state responsibility. Yet, the relevance of general international law for climate change does not obviate a need for more specific international climate change agreements. This article argues that the climate regime is broadly compatible with general norms. It can, furthermore, address a gap in compliance with general international law – namely, the systematic failure of industrial states to cease excessive GHG emissions and to provide adequate reparations. As a compliance regime, the international climate change law regime defines global ambition and national commitments and initiates multiple processes to raise awareness, set political agendas, and progressively build momentum for states to comply with their obligations under general international law.

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Quirico, Ottavio. "Climate Change and State Responsibility for Human Rights Violations: Causation and Imputation." Netherlands International Law Review 65, no. 2 (July 2018): 185–215. http://dx.doi.org/10.1007/s40802-018-0110-0.

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Bodansky, Daniel. "Climate Change: Reversing the Past and Advancing the Future." AJIL Unbound 115 (2021): 80–85. http://dx.doi.org/10.1017/aju.2020.89.

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After four years of not simply inaction but significant retrogression in U.S. climate change policy, the Biden administration has its work cut out. As a start, it needs to undo what Trump did. The Biden administration took a step in that direction on Day 1 by rejoining the Paris Agreement. But simply restoring the pre-Trump status quo ante is not enough. The United States also needs to push for more ambitious global action. In part, this will require strengthening parties’ nationally determined contributions (NDCs) under the Paris Agreement; but it will also require actions by what Sue Biniaz, the former State Department climate change lawyer, likes to call the Greater Metropolitan Paris Agreement—that is, the array of other international actors that help advance the Paris Agreement's goals, including global institutions such as the International Maritime Organization (IMO), the Montreal Protocol, and the World Bank, as well as regional organizations and non-state actors. Although the Biden administration can pursue some of these international initiatives directly through executive action, new regulatory initiatives will face an uncertain fate in the Supreme Court. So how much the Biden Administration is able to achieve will likely depend significantly on how much a nearly evenly-divided Congress is willing to support.

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Savaresi, Annalisa, and Juan Auz. "Climate Change Litigation and Human Rights: Pushing the Boundaries." Climate Law 9, no. 3 (June 26, 2019): 244–62. http://dx.doi.org/10.1163/18786561-00903006.

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The adoption of the Paris Agreement has prompted a flurry of climate change litigation, both to redress the impacts of climate change and to put pressure on state and non-state actors to adopt more ambitious action to tackle climate change. The use of human rights law as a gap-filler to provide remedies where other areas of the law do not is not new, especially in the environmental context. It is therefore not a surprise that human rights arguments are increasingly being made, and human rights remedies increasingly being sought, in climate change litigation. While relatively few cases have been argued on human rights grounds so far, the trend is continuing and accelerating, with some striking results. This article takes stock of human rights arguments made in climate change litigation to date to gauge what they reveal about the evolving relationship between human rights and climate change law—and about possible future developments.

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Odeku, Kola, and Edson Meyer. "Climate Change Surge: Implementing Stringent Mitigation and Adaptation Strategies in South Africa." Journal of African Law 54, no. 2 (September 20, 2010): 159–83. http://dx.doi.org/10.1017/s0021855310000033.

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AbstractThis article examines how the South African government, realizing the country's vulnerability to climate change, deemed it necessary to strengthen adaptation and mitigation measures and put in place legal and institutional frameworks to ensure implementation and compliance. Government must take responsibility for industry's inaction by implementing policies on climate change and, more importantly, through a visible change in government policy to hold industry accountable. The stringent policies and strategies being put in place are reducing vulnerability and also enhancing a broad spectrum of capacity in responding to environmental, climatic, resource and economic perturbations. The article further reviews state of the art methods and tools available to strengthen mitigation and adaptation strategies and measures in the areas of the existing frameworks regarding climate change. It also considers various measures by Eskom in particular, and strategies embarked upon by South Africa's national and local governments to reduce greenhouse gas emissions.

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Broberg, Morten. "State of Climate Law∵The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement." Climate Law 10, no. 2 (June 26, 2020): 211–23. http://dx.doi.org/10.1163/18786561-01002004.

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With the 2015 Paris Agreement, ‘loss and damage’ (L&D) was introduced into the unfccc treaty framework as a new, third substantive area of climate change law. Both before and after its adoption, this new area has been subject to much contention—and this is reflected in a high degree of uncertainty surrounding its interpretation. This article examines the definition of L&D and the types of impact covered by the notion. It also examines the relationship of L&D with mitigation and adaptation, as well as the instruments that are covered by it. Finally, the article considers the controversial issue of who can invoke L&D—and against whom.

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Adeola, Romola, and Frans Viljoen. "Climate Change, Development Projects and Internal Displacement In Africa." Journal of African Law 62, no. 3 (September 27, 2018): 335–50. http://dx.doi.org/10.1017/s0021855318000219.

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AbstractGiven the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development projects, including climate-based development projects. This article examines the content of this obligation within the context of climate-based development projects.

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Brown, Craig, and Sara Seck. "Insurance Law Principles in an International Context: Compensating Losses Caused by Climate Change." Alberta Law Review 50, no. 3 (February 1, 2013): 541. http://dx.doi.org/10.29173/alr96.

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This article examines the challenges of paying for loss caused by climate change. It discusses how weather-related harms might become uninsurable by private companies in the future as the adverse effects of climate change increase in severity. Additionally, this article recognizes the difficulty in imposing civil liability on wrongdoers for climate-related harms, and explores options for state-sponsored or state-subsidized insurance. Finally, the authors examine possibilities for an international insurance fund, but eventually conclude that such a fund would unlikely be endorsed at the international level and would not benefit Canadians.

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Zeller, Bruno, and Michael Longo. "Carbon Reduction in the Post-Kyoto era. Have we progressed? A comparison." Global Journal of Comparative Law 1, no. 1 (2012): 7–37. http://dx.doi.org/10.1163/2211906x-00101001.

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In a fragmented global environment, the efforts of state and non-state actors are important in assessing the state of play on climate change mitigation actions around the world. This article will consider from a comparative perspective the various legislative models for addressing climate change and the reduction of GHG emissions with particular focus on the EU, USA, Australia and Switzerland. As legal developments are not limited to legislative schemes, this article will examine the voluntary carbon offset market and other trade related solutions to GHG emissions which have emerged in the absence of mandatory limitation systems. Also warranting attention are the actions of private parties in common law jurisdictions to bring legal proceedings against power companies for damage caused by climate change. Together, these developments demonstrate that climate change abatement is not the sole remit of the legislature.

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Zhao, Yue, Shuang Lyu, and Zhu Wang. "Prospects for Climate Change Litigation in China." Transnational Environmental Law 8, no. 02 (May 29, 2019): 349–77. http://dx.doi.org/10.1017/s2047102519000116.

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AbstractWhile legal scholarship seeks mainly to assess the impact of climate change litigation (CCL) on the regulatory state and on climate change policy in common law countries, the potential influence of government climate policy on the judicial practices of jurisdictions with different legal traditions attracts much less attention. This article fills the gaps by exploring how courts in China, an authoritarian country with a civil law tradition, react to government climate policies and how this judicial response might affect relevant legal rules and eventually contribute to climate regulation. An empirical analysis of 177 Chinese judicial cases reveals that CCL in China consists mostly of contract-based civil actions steered by the government's low-carbon policies. Moreover, although the prospects of CCL against public authorities in China remain very bleak, there is scope for the emergence of tort-based CCL, backed by government policies. In this respect, recent tort-based public interest litigation on air pollution in China may serve as a substitute or, more promisingly, a gateway to the emergence of a tort-based branch of Chinese CCL.

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Stojkovic Zlatanovic, Sanja, Milan Stojkovic, and Mihailo Mitkovic. "Current state and perspective of water management policy in terms of climate change." International Journal of Climate Change Strategies and Management 10, no. 5 (November 19, 2018): 796–811. http://dx.doi.org/10.1108/ijccsm-07-2017-0151.

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Purpose The purpose of this paper is to set out the policy guidelines and recommendations to harmonise the Serbian water legislation with European Union standards in the area of water system management as impacted by climate change. Design/methodology/approach The EU Water Framework Directive is analysed in the context of implementation of the integrated water management policy presented in the Serbian Water Law (2010), as well as the National Water Management Strategy (2016). It has been found that the water management legislation that deals with the impact of climate change on water resources is incomplete. Although there are numerous challenges related to research of climate change and water systems, water policy and legal aspects cannot be neglected. The so-called soft law instruments represented in a form of strategy documents could be a valuable response in terms of an adaptive and integrated water policy approach. Findings The research is applied to a case study of the Velika Morava River Basin, at Ljubicevski Most hydrological station. Long-term projections suggest a decrease in annual precipitation levels and annual flows up to the year 2100 for climatic scenarios A1B and A2, accompanied by a rapid increase in air temperatures. Originality/value This study proposes a water management policy and provides recommendations for the Velika Morava River Basin as impacted by climate change, according to the European Union legislation.

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Streck, Charlotte. "Filling in for Governments? The Role of the Private Actors in the International Climate Regime." Journal for European Environmental & Planning Law 17, no. 1 (January 25, 2020): 5–28. http://dx.doi.org/10.1163/18760104-01701003.

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The 2015 Paris Agreement on climate change abandons the Kyoto Protocol’s paradigm of binding emissions targets and relies instead on countries’ voluntary contributions. However, the Paris Agreement encourages not only governments but also sub-national governments, corporations and civil society to contribute to reaching ambitious climate goals. In a transition from the regulated architecture of the Kyoto Protocol to the open system of the Paris Agreement, the Agreement seeks to integrate non-state actors into the treaty-based climate regime. In 2014 the secretariat of the United Nations Framework Convention on Climate Change Peru and France created the Non-State Actor Zone for Climate Action (and launched the Global Climate Action portal). In December 2019, this portal recorded more than twenty thousand climate-commitments of private and public non-state entities, making the non-state venues of international climate meetings decisively more exciting than the formal negotiation space. This level engagement and governments’ response to it raises a flurry of questions in relation to the evolving nature of the climate regime and climate change governance, including the role of private actors as standard setters and the lack of accountability mechanisms for non-state actions. This paper takes these developments as occasion to discuss the changing role of private actors in the climate regime.

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Clausse, M., F. Meunier, A. H. Reis, and A. Bejan. "Climate change, in the framework of the constructal law." Earth System Dynamics Discussions 2, no. 1 (March 7, 2011): 241–70. http://dx.doi.org/10.5194/esdd-2-241-2011.

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Abstract. Here we present a simple and transparent alternative to the complex models of Earth thermal behavior under time-changing conditions. We show the one-to-one relationship between changes in atmospheric properties and time-dependent changes in temperature and its distribution on Earth. The model accounts for convection and radiation, thermal inertia and changes in albedo (ρ) and greenhouse factor (γ). The constructal law is used as the principle that governs the evolution of flow configuration in time, and provides closure for the equations that describe the model. In the first part of the paper, the predictions are tested against the current thermal state of Earth. Next, the model showed that for two time-dependent scenarios, (δρ = 0.002; δγ = 0.011) and (δρ = 0.002; δγ = 0.005) the predicted equatorial and polar temperature increases and the time scales are (ΔTH = 1.16 K; ΔTL = 1.11 K; 104 years) and (0.41 K; 0.41 K; 57 years), respectively. In the second part, a continuous model of temperature variation was used to predict the thermal response of the Earth's surface for changes bounded by δρ = δγ and δρ = −δγ. The results show that the global warming amplitudes and time scales are consistent with those obtained for δρ = 0.002 and δγ = 0.005. The poleward heat current reaches its maximum in the vicinity of 35° latitude, accounting for the position of the Ferrel cell between the Hadley and Polar Cells.

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Waters, J. Eugene, and William L. Megathlin. "Evaluating Change in Social Climate in a Close Security State Correctional Facility." Journal of Offender Rehabilitation 34, no. 4 (August 20, 2002): 71–84. http://dx.doi.org/10.1300/j076v34n04_04.

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Schomerus, Thomas. "Climate Change Litigation: German Family Farmers and Urgenda – Similar Cases, Differing Judgments." Journal for European Environmental & Planning Law 17, no. 3 (July 10, 2020): 322–32. http://dx.doi.org/10.1163/18760104-01703005.

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In the Dutch Urgenda and the German Family Farmers’ cases, the claimants sued the state to reduce greenhouse gas emissions by 2020, according to their national programmes. On the Dutch side, the claimants won in three instances up to the Supreme Court, while they lost at the German Administration Court of Berlin. A main factual difference between the two situations is that in the Netherlands, the Dutch government had, to a certain extent, withdrawn from its initial positions on climate policy. The judgments show that climate change litigation is necessary to gain progress towards a greater understanding of state institution roles in addressing the global threat of climate change, culminating in a better fulfilment of climate change goals.

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Meguro, Maiko. "State of the Netherlands v. Urgenda Foundation." American Journal of International Law 114, no. 4 (October 2020): 729–35. http://dx.doi.org/10.1017/ajil.2020.52.

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The judgment in State of the Netherlands v. Urgenda Foundation marks one of the first successful challenges to climate change policy based on a human rights treaty. In this case, the Dutch Supreme Court upheld the lower court's opinion that the Netherlands has a positive obligation under the European Convention on Human Rights (ECHR) to take reasonable and suitable measures for the prevention of climate change. Although the Supreme Court recognized that climate change is a consequence of collective human activities that cannot be solved by one state on its own, it held that the Netherlands is individually responsible for failing to do its part to counter the danger of climate change, which, as the Court affirmed, inhibits enjoyment of ECHR rights. In reaching that conclusion, the Supreme Court determined the exact level of greenhouse gas (GHG) emissions reduction that the Netherlands is required to meet to comply with its ECHR obligation, specifically, a 25 percent reduction compared to its 1990 level by the end of 2020.

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Kaur, Sanmeet. "Using State Aid to Correct the Market Failure of Climate Change." Review of European Community & International Environmental Law 18, no. 3 (November 2009): 268–85. http://dx.doi.org/10.1111/j.1467-9388.2009.00649.x.

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Davanlou, Mona, Seyed Abbas Poorhashemi, Ali Zare, and Mohsen Abdollahi. "Analysis of the International Responsibility System of Climate Change." Current World Environment 13, no. 2 (August 25, 2018): 194–205. http://dx.doi.org/10.12944/cwe.13.2.04.

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International state responsibility is one of the most attractive and most important and, at the same time, the most complex area of international law, and its precise explanation, as well as its commitment, plays a great role in the development of international law enforcement. Today, climate change is one of the common and significant concerns of the international community. Despite the sensitivity and importance of the issue, there has been no significant correlation to solve this problem. With regard to the international law approach, this study seeks to use the subject of international responsibility as an effective mechanism for combating climate change. Moreover, it tries to address Kyoto Protocol and the Paris Consensus in addition to brief look at the past, focusing on recent developments on climate change, and relying on the United Nations Framework Convention on Climate Change in order to summarize the latest achievements of international law in this field. Besides, it also discusses the effective liability of the states that can prevent and compensate for these changes.

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Bergmann, Sina. "Non-state Actors in the International Climate Change Regulatory Framework." Helsinki Law Review 14, no. 1 (February 8, 2021): 88–104. http://dx.doi.org/10.33344/vol14iss1pp88-104.

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Global climate governance is multilateral and involves both state and non-state actors. This study sets to identify the ways in which non-state actors can access and participate in the international climate change regime under the UNFCCC and the 2015 Paris Agreement and to evaluate how they can influence law-making processes and outcomes under the agreements. The study further provides recommendations on how the involvement of non-state actors can be improved under the agreements. The study emphasizes that under the UNFCCC, non-state actors have an important role in acting as intermediaries under the orchestration governance model and in participating to the Conference of Parties and under the Paris Agreement, by exerting influence on state’s nationally determined contributions. The study suggests that the role of non-state actors in formulating nationally determined contributions and in participating to the Conference of Parties should be further formalised and that the NAZCA portal should be improved.

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Damacena, Fernanda Dalla Libera. "Climate Change, Public Insecurity and Law: Conflicts Over Water Resources in the Brazilian Context." Environmental Policy and Law 51, no. 4 (August 16, 2021): 211–22. http://dx.doi.org/10.3233/epl-201040.

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The article examines to what extent the adverse effects of climate change can be considered triggering factors of public insecurity. Against this background, it explores the growing environmental conflicts involving water resources in Brazil, including the Amazon region. In addition to the introduction and conclusion, the paper is structured around three topics. The first one outlines how the concept of public security has evolved to the present state, in which climate change is taken into account. Next, climate change is discussed as a factor that magnifies vulnerabilities, an argument supported by a discussion of historical events. The third topic highlights the main threats, vulnerabilities and conflicts involving water resources in Brazil, taking a scientific view of systemic risks and precaution. Finally, we propose rethinking the concept of public security in Brazil from a perspective of parameters involving regulations, principles and state initiative. The article suggests that the immediate and future effects of climate change do have a profound impact on social systems and on the environment, and may be a triggering factor of public insecurity. If institutions and governments do not address existing effects, and invest in adaptations to meet future scientific forecasts on climate change, social stability and the development of a culture of peace will be less likely in Brazil. A fundamental step in this process is the reformulation of the conventional concept of public security in the Brazilian legislation, in order to expressly incorporate the variable of climate security among its stated objectives. In addition, we point out a set of actions and principles with the potentital to promote not only adaptation and resilience, but also contribute to building peace. In terms of methodology, the study is descriptive, exploratory, legislative, bibliographical and documentary.

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Moretti, Laura, and Giuseppe Loprencipe. "Climate Change and Transport Infrastructures: State of the Art." Sustainability 10, no. 11 (November 8, 2018): 4098. http://dx.doi.org/10.3390/su10114098.

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Transport infrastructures are lifelines: They provide transportation of people and goods, in ordinary and emergency conditions, thus they should be resilient to increasing natural disasters and hazards. This work presents several technologies adopted around the world to adapt and defend transport infrastructures against effects of climate change. Three main climate change challenges have been examined: Air temperatures variability and extremization, water bombs, and sea level rise. For each type of the examined phenomena the paper presents engineered, and architectural solutions adopted to prevent disasters and protect citizens. In all cases, the countermeasures require deeper prediction of weather and climate conditions during the service life of the infrastructure. The experience gained supports the fact that strategies adopted or designed to contrast the effects of climate change on transport infrastructures pursue three main goals: To prevent the damages, protect the structures, and monitor and communicate to users the current conditions. Indeed, the analyses show that the ongoing climate change will increase its impact on transport infrastructures, exposing people to unacceptable risks. Therefore, prevention and protection measures shall be adopted more frequently in the interest of collective safety.

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Ben-Nun, Gilad. "Jewish Law, Roman Law, and the Accordance of Hospitality to Refugees and Climate-Change Migrants." Migration and Society 4, no. 1 (June 1, 2021): 124–36. http://dx.doi.org/10.3167/arms.2021.040112.

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This article examines Jewish law’s approach to forced migration. It explains the difference under Jewish law between forced migration brought about by disasters and the state of being a refugee—which is directly associated with war and armed conflict. It continues by demonstrating how these distinctions influenced the religious Jewish authors of the 1951 Refugee Convention. It concludes with the fundamental distinction between Jewish law and Roman law, concerning the latter’s application of a strong differentiation between citizens and migrant foreigners, which under Jewish law was entirely proscribed as per the religious duty to accord hospitality to forced migrants irrespective of their background.

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Koskina, Anthi, Paolo Davide Farah, and Imad Antoine Ibrahim. "Trade in clean energy technologies: sliding from protection to protectionism through obligations for technology transfer in climate change law, or Vice Versa?†." Journal of World Energy Law & Business 13, no. 2 (April 1, 2020): 114–28. http://dx.doi.org/10.1093/jwelb/jwaa013.

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Abstract Global regulations involving clean energy technologies have evolved in recent decades. Such evolution came as a result of technological disparities between the North and the South. Such regulatory changes came because of the failure of developed nations to assist developing countries in obtaining said technologies. Since the beginning, international climate change law has attempted to alleviate the discrepancies in technology transfer regulations so as to introduce some form of unity, especially through various legislations, such as a global regulatory framework. In response, this article seeks to answer the following question: did international climate change law provide the necessary regulations to ensure technological accessibility to developing nations? This article will examine the accessibility of clean energy technology in relation to international climate law, especially highlighting the phases characterized by either technological protection or international collaboration. These changes reflect a continuous cycle where both circumstances and events affect international climate change law and the relations with technology state of affairs.

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Addaney, Michael. "State Responsibility, Climate Change and Human Rights under International Law, by Margaretha Wewerinke-Singh." Climate Law 10, no. 1 (March 19, 2020): 117–22. http://dx.doi.org/10.1163/18786561-01001005.

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Tolusso, Emiliano. "The state of climate change research in Swiss protected areas." eco.mont (Journal on Protected Mountain Areas Research) 11, no. 1 (2019): 49–54. http://dx.doi.org/10.1553/eco.mont-11-1s49.

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McCarthy, Greg. "The climate change metanarrative, state of exception and China's modernisation." Journal of the Indian Ocean Region 6, no. 2 (December 2010): 252–66. http://dx.doi.org/10.1080/19480881.2010.536675.

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Feldman, David L., and Catherine A. Wilt. "Evaluating the Implementation of State-Level Global Climate Change Programs." Journal of Environment & Development 5, no. 1 (March 1996): 46–72. http://dx.doi.org/10.1177/107049659600500104.

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Kopytsia, Ievgeniia. "THE LEGAL REGULATION OF CLIMATE CHANGE IN UKRAINE: ISSUES AND PROSPECTS." Journal of Environmental Law and Policy 001, no. 001 (May 15, 2021): 105–25. http://dx.doi.org/10.33002/jelp001.05.

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When the climate change is one of the most urgent, complex and challenging global problems of the present, threatening global economy and international security, it has to be primarily regulated domestically, at the level of a State. The present article aims to examine the current state of legal regulation of the climate change issues in Ukraine. Accordingly, the critical analyses of the national legislation on climate change regulation and whether it corresponds with the State policy’s strategic aims are conducted; the provisions of strategic documents on climate change adaptation and mitigation in Ukraine are examined and the evaluation of such regulatory mechanism’s efficiency and effectiveness is performed. As a result, the author points out the drawbacks of national policy and law encompassing the climate change and offers a set of suggestions for its improvement.

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Plant, Glen. "Air Transport Association of America V. Secretary of State for Energy and Climate Change." American Journal of International Law 107, no. 1 (January 2013): 183–92. http://dx.doi.org/10.5305/amerjintelaw.107.1.0183.

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In a landmark decision, on December 21, 2011, the Court of Justice upheld the extension to international aviation activities of the greenhouse gas emissions trading scheme (ETS) of the European Union (Union or EU) against a challenge that it violates several treaties and principles of customary international law. In addition to its broader significance in the context of global versus unilateral approaches to tackling climate change, and its related role in fueling a major international trade dispute, the ruling pronounces on important aspects of international aviation law and clarifies the principles governing conformity of EU internal legislation with international law.

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Maggioni, Elena, Hal Nelson, and Daniel A. Mazmanian. "Industry Influence in Stakeholder-Driven State Climate Change Planning Efforts." Policy Studies Journal 40, no. 2 (April 12, 2012): 234–55. http://dx.doi.org/10.1111/j.1541-0072.2012.00451.x.

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Filho, Walter Leal. "Climate change and governance: state of affairs and actions needed." International Journal of Global Warming 2, no. 2 (2010): 128. http://dx.doi.org/10.1504/ijgw.2010.033718.

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Wilhere, George F., Jane B. Atha, Timothy Quinn, Ingrid Tohver, and Lynn Helbrecht. "Incorporating climate change into culvert design in Washington State, USA." Ecological Engineering 104 (July 2017): 67–79. http://dx.doi.org/10.1016/j.ecoleng.2017.04.009.

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Parson, Edward A. "Climate Engineering in Global Climate Governance: Implications for Participation and Linkage." Transnational Environmental Law 3, no. 1 (October 18, 2013): 89–110. http://dx.doi.org/10.1017/s2047102513000496.

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AbstractThe prospect of climate engineering (CE) – also known as geoengineering, referring to modification of the global environment to partly offset climate change and impacts from elevated atmospheric greenhouse gases – poses major, disruptive challenges to international policy and governance. If full global cooperation to manage climate change is not initially achievable, adding CE to the agenda has major effects on the challenges and risks associated with alternative configurations of participation – for example, variants of partial cooperation, unilateral action, and exclusion. Although the risks of unilateral CE by small states or non-state actors have been over-stated, some powerful states may be able to pursue CE unilaterally, risking international destabilization and conflict. These risks are not limited to future CE deployment, but may also be triggered by unilateral research and development (R&D), secrecy about intentions and capabilities, or assertion of legal rights of unilateral action. They may be reduced by early cooperative steps, such as international collaboration in R&D and open sharing of information. CE presents novel opportunities for explicit bargaining linkages within a complete climate response. Four CE-mitigation linkage scenarios suggest how CE may enhance mitigation incentives, and not weaken them as commonly assumed. Such synergy appears to be challenging if CE is treated only as a contingent response to a future climate crisis, but may be more achievable if CE is used earlier and at lower intensity, either to reduce peak near-term climate disruption in parallel with a programme of deep emission cuts or to target regional climate processes linked to acute global risks.

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Pedersen, Ole W. "The networks of human rights and climate change: The State of the Netherlands v Stichting Urgenda, Supreme Court of the Netherlands, 20 December 2019 (19/00135)." Environmental Law Review 22, no. 3 (September 2020): 227–34. http://dx.doi.org/10.1177/1461452920953655.

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Climate change litigators are increasingly relying on a range of different jurisdictional avenues and legal regimes. The recent Urgenda decision by the Dutch Supreme Court provides a surprisingly rare snapshot of the relevance of human rights law to climate change litigation. Focusing on the Supreme Court's reliance on the environmental rights case law from the ECHR, this case note argues that climate change and human rights adjudications takes the form of an adjudicatory network. This network creates spaces for domestic courts to develop contingent responses to emerging climate change claims.

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Kent, Gregory. "Crystallisations of the global western state in the era of climate change." International Journal of Human Rights 18, no. 3 (April 3, 2014): 320–35. http://dx.doi.org/10.1080/13642987.2014.914704.

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Bromley-Trujillo, Rebecca, and John Poe. "The importance of salience: public opinion and state policy action on climate change." Journal of Public Policy 40, no. 2 (October 30, 2018): 280–304. http://dx.doi.org/10.1017/s0143814x18000375.

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AbstractHow does the salience of environmental issues influence climate policy adoption in the American states? This article considers how two aspects of public salience, issue problem status and issue attention, work with environmental interest group membership to influence climate policy adoption in the American states. We contribute to the theoretical development of issue salience and offer alternative measures that capture differences in salience across subnational units. We find evidence that states where climate change is perceived to be a problem, and where attention to environmental issues is high, are more likely to adopt relevant policies. Furthermore, states with Republican majorities in either legislative chamber are less likely to adopt climate policies. Our findings have implications for the impact of salience on the policy process.

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Mukuki, Allan M. "Re-Imagining the Concept of Forced Migration in the Face of Climate Change." Groningen Journal of International Law 7, no. 1 (August 27, 2019): 73–98. http://dx.doi.org/10.21827/5d5141d53f710.

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This article analyses the impacts of climate change which are no longer only within the scientific realm. This analysis reveals the effects of climate change and the challenges that it poses to the current refugee definition and the existing regime of refugee protection in international law. An all-inclusive refugee definition under international law, to include climate change as a Convention ground for people to seek refugee status is argued for herein. Judicial expansion of the definition and the development of soft law principles to cater for climate migrants is also discussed. Nevertheless, it is also noted that there exist numerous challenges in the re-imagination of the concept of forced migration in the face of climate change. Political considerations as well as a lack of State will and consensus on the existence of climate migrants have been the most visible challenges yet.

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Kopytsia, Ye M. "ECOLOGICAL NORMALIZATION IN THE SPHERE OF LEGAL REGULATION OF CLIMATE CHANGE PREVENTION IN UKRAINE." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 47–51. http://dx.doi.org/10.15421/391992.

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The article carries out the analysis of scientific researches and current legislation in the sphere of prevention and combating climate change. It is determined that the basis for the development of effective national legislation in this area should be formed by the state climate policy. It is proved that the institute of normalization occupies a leading role in providing effective legal regulation in the sphere of prevention and combating negative environmental changes caused by climate change. It is proposed to define ecological normalization in the sphere of climate change prevention as an activity of the authorized state bodies in the development, establishment and implementation of the normative standards of pollutants affecting the climate (limit permissible values of greenhouse gas emissions) with the purpose of limiting and controlling the effects of climate change, preventing its change and ensuring a favorable environmental status as a whole. The article proves the necessity of making amendments to the laws of Ukraine “On protection of the environment” and “On protection of the atmospheric air”, as the initial stage of formation of legal regulation in the field of prevention and combating climate change at the national level, with the prospect of adoption of a special regulatory legal act in this area. Thus, the definition of the concepts of “climate” and “normalization in the sphere of climate change prevention”, as well as legal measures to prevent and combat climate change in Ukraine, which should include the development, installation and implementation of standards for emissions of pollutants affecting the climate (standards of greenhouse gas emissions) should be enshrined in law. Attention is drawn to the fact that the slow pace of development and adoption of regulations in the sphere of climate change prevention, the problems of implementation of the already adopted laws are due to the lack of a mechanism to take into account the problem of climate change and to provide conditions for reducing greenhouse gas emissions in other spheres of state policy, while developing national strategies and programs, etc.

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Kemp-Benedict, Eric, Jonathan Lamontagne, Timothy Laing, and Crystal Drakes. "Climate Impacts on Capital Accumulation in the Small Island State of Barbados." Sustainability 11, no. 11 (June 7, 2019): 3192. http://dx.doi.org/10.3390/su11113192.

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This paper constructs a model of climate-related damage for small island developing states (SIDS). We focus on the loss of private productive capital stocks through extreme climate events. In contrast to most economic analyses of climate impacts, which assume temperature-dependent damage functions, we draw on the engineering literature to allow for a greater or lesser degree of anticipation of climate change when designing capital stocks and balancing current adaptation expenditure against future loss and damage. We apply the model to tropical storm damage in the small island developing state of Barbados and show how anticipatory behavior changes the damage to infrastructure for the same degree of climate change. Thus, in the model, damage depends on behavior as well as climate variables.

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Huggins, Anna. "The Evolution of Differential Treatment in International Climate Law: Innovation, Experimentation, and ‘Hot’ Law." Climate Law 8, no. 3-4 (October 31, 2018): 195–206. http://dx.doi.org/10.1163/18786561-00803006.

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The UN climate regime is a domain of international environmental law (IEL) that has developed in distinctive ways. Applying insights from the work of Michel Callon, climate change is a ‘hot’ situation characterized by ongoing controversy, making it difficult to develop stable and sustainable legal frameworks to manage this state of flux. Building on Elizabeth Fisher’s work positing that environmental law has qualities of ‘hot’ law, this article argues that, in the context of the UN climate regime, the ‘hot’ nature of climate law is compounded by the geopolitical tensions among states in IEL, particularly the deep fault lines between developed and developing states. The novel legal and regulatory solutions that have been experimented with to address issues of differential treatment reflect attempts to manage and contain these ongoing controversies. The UN climate regime yields insights into the promises and pitfalls of designing international legal frameworks to respond to highly contested and divisive issues in a context in which states create, implement, and enforce legal rules.

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Journal articles on the topic 'State law on climate change'

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