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The Case of Climate Change and Pandemics
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Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks such as financial risks or cyber-risks.
The Case of Climate Change and Pandemics
Author:
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks such as financial risks or cyber-risks.
Comparing Norwegian and Russian Law
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This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
Comparing Norwegian and Russian Law
Author:
This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
Between Change and Continuity
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Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.
Between Change and Continuity
Author:
Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.
Perspectives on Law and Governance
Short-lived climate pollutants (SLCPs), including methane, black carbon, hydrofluorocarbons, and tropospheric ozone, have become part of climate policy debates. Discussion has revolved around the potential of their mitigation to slow down global warming in the short term and bring about co-benefits, for instance, for air quality and public health.
This book provides the first comprehensive analysis of global SLCP law and governance. A diverse array of contributors delves into the science and evolution of the concept of SLCPs, analyses the legal and governance responses developed under various international and transnational arenas, and discusses selected sectoral case studies.
This book provides the first comprehensive analysis of global SLCP law and governance. A diverse array of contributors delves into the science and evolution of the concept of SLCPs, analyses the legal and governance responses developed under various international and transnational arenas, and discusses selected sectoral case studies.
Perspectives on Law and Governance
Short-lived climate pollutants (SLCPs), including methane, black carbon, hydrofluorocarbons, and tropospheric ozone, have become part of climate policy debates. Discussion has revolved around the potential of their mitigation to slow down global warming in the short term and bring about co-benefits, for instance, for air quality and public health.
This book provides the first comprehensive analysis of global SLCP law and governance. A diverse array of contributors delves into the science and evolution of the concept of SLCPs, analyses the legal and governance responses developed under various international and transnational arenas, and discusses selected sectoral case studies.
This book provides the first comprehensive analysis of global SLCP law and governance. A diverse array of contributors delves into the science and evolution of the concept of SLCPs, analyses the legal and governance responses developed under various international and transnational arenas, and discusses selected sectoral case studies.
Author:
An Introduction to the African Union Environmental Treaties sheds light on the African Union legal regime related to environmental issues and provides expert analysis of how the African Union has transitioned from the former management of natural resources approach to strategies of preservation and protection. This book explores different areas of the environment, from livestock to plants, fertilizers, minerals and marine environment. Ambassador Namira Negm convincingly demonstrates the extent to which environmental issues are of critical importance to the African Union. Together with insightful commentary, the book provides full treaty texts and is an indispensable resource for all those interested in the African Union and environmental legal regimes.
Author:
An Introduction to the African Union Environmental Treaties sheds light on the African Union legal regime related to environmental issues and provides expert analysis of how the African Union has transitioned from the former management of natural resources approach to strategies of preservation and protection. This book explores different areas of the environment, from livestock to plants, fertilizers, minerals and marine environment. Ambassador Namira Negm convincingly demonstrates the extent to which environmental issues are of critical importance to the African Union. Together with insightful commentary, the book provides full treaty texts and is an indispensable resource for all those interested in the African Union and environmental legal regimes.
The Role of Secondary Law of Forest-related Multilateral Environmental Agreements
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Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
The Role of Secondary Law of Forest-related Multilateral Environmental Agreements
Author:
Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
Series Editor:
Author:
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
Author:
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
Abstract
Agricultural regulation in Indonesia is almost entirely focused on adaptation and food security. Mitigation of emissions from the sector is not presented as an obligation in the country’s body of agricultural law. This situation, which emphasizes autarky, does not facilitate a strong agricultural mitigation policy in the country; and, in fact, Indonesia’s policies and planned actions on greenhouse-gas-emission reduction in agriculture are narrow, vague, and lacking in ambition. The emphatic adaptation focus of Indonesia’s body of agricultural regulation may reflect entrenched values about the role of agriculture in society. An alternative explanation is that the regulatory emphasis on adaptation is an instance of regulatory inertia, sustained by a tradition of agricultural protectionism that deflects risky reforms. Inertia is problematic in itself, as it closes off the sector to innovation. But inertia is not as serious as a values-based resistance in the country to the mitigation of greenhouse gas emissions from agriculture. A government’s mandate in a democratic society to act ambitiously on climate change, in a climate-treaty context that demands little more than “national determination” of ambition, must necessarily be obtained from, in large part, those most directly affected by a regulatory change – in this case, farmers. An inquiry that seeks to elicit their opinion in this respect is overdue. A survey of farmers’ views on their willingness to support mitigation of emissions from their sector would add to our understanding of the risks that our slow response to climate change entails, for it is a response that presumes that a significant mitigation contribution will eventually be made by each and every economic sector, including agriculture. If the issue is mere inertia, the outlook is more optimistic than if the issue is active resistance. Because agriculture is still a closed sector, not only in developing but also in developed countries, this article contributes to our understanding of research priorities for climate law around the world. The article is the first in a series this journal will publish under our co-editorship on climate change law in Indonesia.
In:
Climate Law