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The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. The Thematic Section of Volume 2, entitled ‘Disasters and…: Exploring New Areas of Research’, was conceived to critically assess the relationship between disasters and a variety of different branches, topics or theoretical approaches pertaining to international law, as a means of focusing attention toward less explored and emerging fields of study and practice.
Common Concern of Humankind, Carbon Pricing, and Export Credit Support
Author: Zaker Ahmad
Developments in the Definition of Islands under the International Law of the Sea
Author: Clive Schofield
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.
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 organisations 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 principally based on presentations at the 12th Polar Law Symposium, held at the Institute for Marine and Antarctic Studies, University of Tasmania, Hobart, in December 2019.

Abstract

The Arctic is both a place disproportionately affected by climate change and a place that has been, and continues to be, subject to large-scale oil-and-gas development. Production and subsequent combustion of these resources would compromise the treaty-established target of keeping global warming ‘well below’ 2°C. The global regulatory efforts on climate change are centred on greenhouse gas emissions from fossil-fuel consumption, almost ignoring the supply side. In the absence of universal and strict emission-reduction targets, petroleum exports and carbon leakage jeopardize the effectiveness of the climate change regime. Through the examination of treaties and national practice, this paper argues for the establishment of accountability for the production of Arctic petroleum in light of climate change.

In: Climate Law
Author: Gareth Davies

Abstract

Climate change is often seen as an issue of intergenerational equity—consumption now creates costs for future generations. However, radical mitigation now would reverse the problem, creating immediate costs for current generations, while the benefits would be primarily for future ones. This is a policy problem, as persuading those living now to bear the cost of changes whose benefits will mostly accrue after their deaths is politically difficult. The policy challenge is then how to temporally match costs to benefits, either by deferring mitigation costs, or by speeding up climatic benefits. Geoengineering may provide some help here, as it might enable climate change to be slowed more immediately, at a lower upfront cost, and allow a greater share of the mitigation and adaptation burden to be passed on to those in the future who will benefit most.

In: Climate Law

Abstract

This article examines the role of the Paris Agreement in enabling developed-country financial contributions aimed at building transparency-related capacity in developing countries. It first analyses the legal means and institutional arrangements utilized by the Agreement to support developing countries in building transparency-related capacity. It then argues that even though the Agreement adopts certain legal and institutional means to foster transparency-related capacity building in developing countries through financial support, it does so in a way that risks undermining the meaningful and accountable use of climate finance, while softening the bindingness of the Agreement’s provisions. The lack of accountability obligations on climate finance for developing countries, the principle of flexibility, and the challenges intrinsic to climate finance, combine to weaken the climate-finance obligation, while calling into question the effectiveness of the Agreement.

In: Climate Law

Abstract

Governmental and particularly private funding has recently and dramatically expanded for both beccs and dac technologies. This funding and the associated research, development, and deployment efforts will generate intellectual property rights, particularly patent rights in nets. As with access to medicines, the COVID-19 pandemic has highlighted concerns that patent rights may incentivize RD&D at the cost of affordable access to the relevant technologies. Further, access may be restricted to particular countries based on sovereignty concerns to seek preferential supply agreements through up-front funding. As a result, nations will likely turn to controversial ex-post measures, such as compulsory licensing, to assure access and to control prices of the needed technologies. The same concerns with patent rights likely will affect RD&D of nets. Although international ex-ante measures exist (such as patent pools) which would help to minimize these concerns, such measures may not induce the requisite voluntary contributions, or may fail to materialize due to political disagreements. Focusing on both US law and international developments, this article proposes various ex-ante measures that can be adopted by national governments and private funders to minimize the likely forthcoming worldwide conflicts that will arise over balancing innovation incentives for, and affordable access to, patented nets.

In: Climate Law

Abstract

The article present the key elements of the access to justice pillar of the Arhus Convention against the background of its legislative history, conceptual approaches and motivations laying behind certain provisions. On this basis, the article identifies and briefly indicates the main interpretation dilemmas regarding specific provisions of paragraphs 1, 2 and 3 of Article 9 as well as those which apply to access to justice pillar as a whole, in particular the interpretation dilemmas regarding the internal relations between these provisions and the role of this pillar in relation to the other pillars, in particular the public participation pillar. The conclusion is that while the structure of Article 9 is quite clear, as a result of the negotiations certain terms or formulations were introduced which not always convey a clear legal norm and therefore require a thorough examination and certain interpretation. In this context a holistic approach is advocated with the aim to see the Convention as certain logical system in which textual (literal) interpretation of the Convention’s provisions is supplemented with – and give priority to – the systemic, purposive and even historical interpretations.

In: Journal for European Environmental & Planning Law

Abstract

In the judgment Deutsche Umwelthilfe (C-752/18) of December 2019, the Court of Justice of the European Union (ecj) addresses the situation where a referring court has already ordered a public authority to adopt traffic bans, based upon the need to comply with Directive 2008/50 on air quality, but is confronted, together with the non-governmental organization which is at the initiative of the lawsuit, to the public authority’s persistent refusal to comply with that injunction, even though it has become final.

In such awkward situation and due to the lack of success of other avenues, is a national court entitled – and possibly even obliged – to impose coercive detention on officials, by virtue of the right to an effective remedy and the obligation to ensure effective legal protection in the fields covered by EU law, asked the referring Court?

It is not surprising that the Court of Justice sat as the Grand Chamber for delivering the preliminary ruling. The case is a landmark on the right to an effective remedy and on the right to liberty, in a context of procedural autonomy. The case is also essential in the way it embraces human health and adds a higher step in the ascending line gradually constructed by the ecj on the binding force of EU law on air quality standards.

The ecj decides that EU law only empowers and even obliges a national court to have recourse to the privation of liberty of a public official, like a Minister-President, if this is provided for in a domestic legal basis, which is sufficiently accessible, precise and foreseeable in its application.

This contribution observes that, if the judgement may look like a victoire à la Pyrrhus for the environmental association and if it confirms that EU environmental law remains systemically dependent upon the choices made at domestic level on enforcement matters, the judgment also truly consolidates the right to effective judicial protection and the right to an effective remedy, in more normal circumstances and when human health is in the balance. It also cements the direct effect of Directive 2008/50 on ambient air quality and associated rights for individuals.

In: Journal for European Environmental & Planning Law
In: Journal for European Environmental & Planning Law
In: Journal for European Environmental & Planning Law

Abstract

Ambient air is one of the most essential natural resources. Its quality directly impacts the health of living organisms. Thus it determines the scale of public spending as a consequence of atmospheric pollution. At the same time, due to the properties of this resource, the problem of its protection has a transnational, global dimension. Therefore, states should undertake and constantly intensify activities the goal of which is to meet not only ambient air quality norms, but also those norms which will allow an effective impact on the improvement of its quality. Instruments and institutions falling under various branches of the law, including the tax law, are used for this purpose.

A thermal upgrade relief was introduced to the Polish tax system at the beginning of 2019. The basis and principles of its application were defined in the personal income tax act. The paper presents substantiated use of tax instruments in the protection of ambient air, the legal basis and principles of application of the discussed tax preference. The conducted analysis gave rise to the formulation of de lege lata and de lege ferenda conclusions.

In: Journal for European Environmental & Planning Law
In: Indigenous Land Rights in the Inter-American System
In: Indigenous Land Rights in the Inter-American System
In: Indigenous Land Rights in the Inter-American System