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Jan McDonald

1 Introduction The legal dimensions of adapting to the impacts of climate change have been late arrivals to Australian climate law. ‘Adaptation law’ continues to be the poor relative of mitigation law, policy, practice, and scholarship, lacking a clearly defined scope, the moral authority and

Elizaveta Barrett Ristroph

* I am extremely grateful to the people across Alaska who were willing to talk with me about anv relocation and adaptation, especially Chief Pj Simon of Allakaket. This work was made possible by a grant from the National Oceanic and Atmospheric Administration Sectoral Applications Research

Climate Law

A Journal on Climate Change and the Law

Edited by Alexander Zahar

Call for Papers
Special Issue with Associated Workshop on The Role of Law in Regulating Carbon Dioxide Removal Approaches
For more details click here.

A complex legal regime has evolved to frame the international response to climate, encompassing interconnected elements of public international law, transnational law and private law. At the core of the international effort are the UNFCCC, the Kyoto Protocol, and the Paris Agreement. Domestic legislative action dealing with mitigation and adaptation is gathering pace, especially in developing countries. The focus of the peer-reviewed journal Climate Law is on the many legal issues that arise internationally and at the state level as climate law continues to evolve and climate change continues to worsen.

Online submission: Articles for publication in Climate Law can be submitted online through Editorial Manager, please click here.

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Meinhard Doelle, Steven Evans and Tony George Puthucherril

some of the negative impacts of climate change are already being felt, especially in the developing world, and that developed countries have an obligation to provide concrete and significant adaptation support. The past decade, in particular, has seen the creation of a number of initiatives on


Edited by Attila Tanzi, Owen McIntyre, Alexandros Kolliopoulos, Alistair Rieu-Clarke and Rémy Kinna

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms.

Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.

Martin O. Oulu

Mainstreaming climate change adaptation into policies and development planning processes is widely acknowledged and advocated as an important means of addressing the myriad impacts of climate change.Kenya, like many developing countries, is very vulnerable to climate change and urgently needs to adapt. However, the country’s adaptation mainstreaming efforts are still nascent and largely insufficient. Through a literature review and key informant interviews, this paper identifies Kenya’s potential climateadaptation mainstreaming entry-points and investigates the normative, organizational, and procedural mainstreaming strategies employed. This is done from a horizontal Climate Policy Integration perspective. Three potential mainstreaming entry-points, among them Kenya Vision 2030, the current development blueprint, are identified. The results indicate that while political commitment to, and strategic vision on, climate adaptation is present as exemplified by high-profile champions and the development of the National Climate Change Response Strategy, institutional set-ups remain fragmented and inadequate. Of particular importance is the need to anchor coordination efforts for climate change adaptation in a highlevel and cross-sectoral office. Ex-ante assessment procedures, such as Strategic Environment Assessment and Environment Impact Assessment, should incorporate robust climate vulnerability assessments and adaptation requirements.

Peter P.J. Driessen and Helena F.M.W. van Rijswick

Adaptation to climate change is a complex process of societal change and should be studied as such. Attention to issues of climate adaptation has increased considerably over the past few years. Until now, less attention has been paid to questions concerning normative issues of societal change. In this paper we will address three important questions on the normative level: (a) What kind of legal and policy principles should public and private actors take to heart when formulating and implementing adaptation measures? (b) Which societal interests should be protected by a climate-adaptation policy and in what order? (c) To what extent are governments responsible for adaptation to climate change and what are the responsibilities to be borne by private parties and citizens? We will treat these questions from a mix of legal, administrative, and economic perspectives. We conclude with some recommendations on how to deal with these normative aspects in policy-making processes.

Britta Horstmann and Achala Chandani Abeysinghe

The Adaptation Fund of the Kyoto Protocol is seen by many as a model for financing adaptation activities, which should also play a strong role in the institutional design of the Green Climate Fund under the UNFCCC. The article analyses whether the status of operationalization of the Adaptation Fund meets international institutional criteria and requirements for an effective and efficient fund arrangement. These are derived from the UNFCCC and the Paris Agenda on Aid Effectiveness. The analysis shows that the Adaptation Fund meets most of the funding requirements. Due to its institutional features, particularly the direct-access modality, the Adaptation Fund has the potential to practically link international climate change with development finance for adaptation to climate change. However, the analysis also shows that there are a number of challenges remaining, including criteria which the fund does not meet yet and the practical implementation of fund operations, particularly at the national level.

Robbert Biesbroek, Judith Klostermann, Catrien Termeer and Pavel Kabat

Review of recent literature on adaptation to climate change and general literature on policy processes shows that there are a large number of barriers that hamper the development and implementation of climate change adaptation strategies. To reduce and manage the number of barriers and combine both streams of literature, we propose seven clusters of barriers to adaptation. Little is known, however, about the relative importance of these barriers to climate change adaptation policies and practices. An online survey was conducted between March 2010 and July 2010 among 264 scientists, policymakers, and private actors from different sectors and levels who are involved in climate change adaptation projects and programmes in the Netherlands. The survey aimed to gather their experiences with, and perceptions of, the barriers identified in the literature and encountered in their daily work. Both climate-related and non-climate-related barriers were included in the survey. Data were subjected to both qualitative and quantitative analysis. A survey feedback workshop was organized to discuss the results with several of the survey respondents. Results of this study revealed that respondents considered conflicting timescales as the most important cluster of barriers to adaptation. Other highly ranked barriers include conflicting interests; lack of financial resources; unclear division of tasks and responsibilities; uncertain societal costs and future benefits; and fragmentation within and between scales of governance. Furthermore, the analysis demonstrated that scales matter in understanding the barriers to adaptation: actors from lowlevels of governance seem to consider the barriers as more severe than actors from high levels of governance.

Jennifer J. Marlow and Lauren E. Sancken

under the Nelson Act further increased Kivalina’s vulnerability to climate change by eroding the local economies and practices underlying people’s successful adaptation to change. The people of Kivalina endured forced consolidation, despite the lack of investment by government agencies in essential