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Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection.

In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Contribution to Pollution Prevention of Transboundary Water Resources
Author: Komlan Sangbana

The Russian Federation is the fourth largest producer of greenhouse gas emissions in the world. The article is a study of how these emissions are monitored in Russia. In the framework of the polluter-pays principle (ppp), the current Russian legislation on pollutants provides for payment only for methane emissions. No payments are established for any of the other greenhouse gases. The authors conclude that, at present, Russian legislation does not regulate action against climate change, although many political and legal documents are being adopted aimed at adapting to the effects of climate change. A draft statute “On State Regulation of Greenhouse Gas Emissions and Absorption and on Amendments to Certain Legislative Acts of the Russian Federation” is analysed. Despite the fact that this draft law is strongly opposed by the affected industries, the authors conclude that the adoption of this law and the creation of a targeted national climate fund will contribute to the implementation of the ppp in Russia for the purpose of combating climate change.

In: Climate Law

Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted to climate-change-related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors expected to consider climate-change-related risks in their decision making? If yes, to what extent? The issue has received considerable attention from commentators in relation to common law jurisdictions, but so far it has been less discussed in relation to civil law countries. This article attempts to contribute to filling this gap by presenting a comparative analysis, with a main focus on claims based on corporate and securities law.

In: Climate Law

Climate change is a fundamental threat to biodiversity. Climate mitigation in general, and Negative-Emission Technologies (nets) in particular, have the potential to benefit biodiversity by reducing climate impacts. Domestic laws could help to ensure that nets have benefits for biodiversity adaptation to climate change (e.g. reducing land clearing and habitat loss and facilitating habitat restoration, corridors for species’ migration, and broader ecological resilience). Domestic laws will also need to govern trade-offs between nets and biodiversity adaptation (e.g. increased competition for land and landscape-scale fragmentation by new industrial developments and linear infrastructure). We argue that domestic laws should be used to maximize the benefits of nets while minimizing trade-offs for biodiversity. These laws should ensure that trade-offs are, at the very least, explicit and transparent, both in terms of their implications for current biodiversity and in the context of an acceleration of climate-driven biodiversity decline.

In: Climate Law
Author: Morten Broberg

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.

In: Climate Law
A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from.

Abstract

This article focuses on the impact of the ban of international trade of the ivory of the African elephant under the Convention on International Trade in Endangered Species. This species is overpopulated in some countries and threatened in other countries. Overall, its current population and the level of decline suggest a species that is endangered. The population disparities have created misunderstandings in terms of how to address the issues. Controversy has surrounded the two instances of legal sales of ivory, and the continuing ban on ivory trade from 1989 has contributed to animosity between pro-ban Western ‘conservationists’ and anti-ban African countries, with accusations of ‘ecological imperialism’ being levelled at some of the protagonists. The article observes that the vast global ivory market has largely been sustained by countries that have failed to effectively enact laws and/or enforce them, as well as failing to deal with corruption and illegal markets within their jurisdictions. It is argued that identifying such culprit countries and their role in promoting elephant poaching and ivory trade, and identifying the reasons behind the poaching and illegal trade, is crucial in reducing the incidence of poaching. The article argues that with a better understanding of the illegal trade, CITES can take deliberate steps to assist countries involved in the ivory trade where they need that support.

In: Chinese Journal of Environmental Law