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The Contested Core of Climate Law

In: Climate Law
Author:
Alexander Zahar Research Institute of Environmental Law, Wuhan University, zahar.edu@gmail.com

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Online Publication Date:
31 Oct 2018
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Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).

Title:
The Contested Core of Climate Law
Article Type:
Research Article
DOI:
https://doi.org/10.1163/18786561-00803009
Language:
English
Pages:
244–260
Keywords:
cumulative versus mediated environmental damage; principle against transboundary environmental harm (no-harm principle); polluter pays principle
In:
Climate Law
In:
Volume 8: Issue 3-4
Publisher:
Brill | Nijhoff
E-ISSN:
1878-6561
Print ISSN:
1878-6553
Subjects:
Environmental & Energy Law, International Law

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