Browse results

Restricted Access

Intergenerational Equity

Environmental and Cultural Concerns

Series:

Edited by Thomas Cottier, Shaheeza Lalani and Clarence Siziba

Restricted Access

Climate Border Adjustments and WTO Law

Extending the EU Emissions Trading System to Imported Goods and Services

Series:

Ulrike Will

In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS). The proposed framework offers a realistic approach which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.
The book offers a comprehensive analysis of the WTO cases that might have parallels to the unresolved case of BAs. It provides interpretations of vague legal terms of the applicable WTO agreements and guidance on how to balance between environmentally related and trade liberalising WTO rules. Typified constellations of BAs pave the way for a reform of the EU ETS Directive.
The inclusion of legal findings in the context of economic theory and climate science allows for a meaningful discussion of the functioning of the BA, relevant markets and competitive effects of specific design proposals. The proposed framework also takes into account the prevention of extra-jurisdictional effects.
Restricted Access

Edited by Gudmundur Alfredsson and Timo Koivurova

The Yearbook of Polar Law is based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland and the Arctic Centre of the University of Lapland, Finland and covers a wide variety of topics relating to the Arctic and the Antarctic. These include:
- human rights issues, such as autonomy and self-government vs. self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge,
- local, national, regional and international governance issues,
- environmental law, climate change, security and environment implications of climate change, protected areas and species,
- regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources,
- law of the sea, the retreating sea ice, continental shelf claims,
- territorial claims and border disputes on both land and at sea,
- peace and security, dispute settlement,
- jurisdictional and other issues with regard to the exploration, exploitation and shipping of oil, gas and minerals, bio prospecting,
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and
- the roles and actual involvement of international organizations in the Polar Regions, such as the Arctic Council, the Antarctic Treaty System, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs.

The papers in this volume are based on presentations at the ninth symposium in Akureyri in October 2016.
Restricted Access

The Right to Development

Analysis of Sustainable Development and the Practice of Good Governance

Series:

Edited by Wei Zhang

In The Right to Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development.
Instead of excessive emphasis on the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among economy, environment and society.
Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, Local knowledge in South Africa and practice model in Peru on the implementation of the right to development, and put forward the idea of building a version of human rights criterion in the South.
Restricted Access

Series:

Piotr Szwedo

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Restricted Access

Corporate Social and Environmental Responsibility

Another Road to China's Sustainable Development

Series:

Mengxing Lu

Corporate social and environmental responsibility (CSR/CER) can be understood as practices which voluntarily extend beyond mere compliance with mandatory social and environmental standards. Corporate social and environmental responsibility: Another road to China’s sustainable development, by Mengxing Lu, contributes to the current debate of CSR/CER by providing a legal and economic analysis of CSR/CER and its relationship with regulation. Although the development of CSR/CER is at an early juncture in China, it is nevertheless a prominent topic for Chinese policy makers and business leaders alike. By depicting the landscape of CSR/CER in China, Corporate social and environmental responsibility: Another road to China’s sustainable development successfully demonstrates the vast potential for CSR/CER’s contribution to China’s sustainable development.
Restricted Access

Michael Faure and Jing Liu

We argue that climate law has specific features—including scientific complexity, a strongly transboundary nature, and long-term effects—that make it more challenging to study than other more traditional domains of environmental law. As a consequence, an interdisciplinary perspective may be needed even more for climate law than for the traditional study of environmental law. Climate law is to some extent underestimated by scientists, who should realize that for effective mitigation of greenhouse gases and adaptation to climate change, an optimal design and enforcement through climate law is necessary. Climate law can be expected to become more important with the implementation of the Paris Agreement, and for that reason climate lawyers should receive a more prominent position in the international policy arena of climate change.

Restricted Access

Joshua Prentice

The EU ETS is the cornerstone of the European Union’s climate policy. The EU ETS will play a decisive role in the European Union plan to meet its commitments under the Paris Agreement. In November 2017, following more than two years of negotiations, EU member states and the European Parliament reached a final agreement on the revision of the EU ETS for the period 2021–2030. The final agreement struck an important, ambitious balance on a number of measures designed to ensure that the EU ETS achieves its legislative aims of promoting emission reductions in a cost-effective manner. The negotiations also provide a number of policy lessons for future negotiations relating to the role of EU institutions and the rules for free allocation which will be important for the EU ETS to meet its legislative objectives.1

Restricted Access

Benoit Mayer

In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the UNFCCC regime excludes the application of the no-harm principle when, in reality, the UNFCCC regime really seeks to facilitate the implementation of general international law.