Rocky Road to Paris: Prospects for an Effective Global Climate

CAMBRIDGE UNIVERSITY PRESS
http://www.cambridge.org/gb/knowledge/other_subject/item1474/?site_locale=en_GB
Climate Change Liability
Transnational Law and Practice
Riddell
Faculty
Edited
by RichardSeminar
Lord , Silke Presents:
Goldberg , Lavanya Rajamani , Jutta Brunnée
Rocky Road to Paris: Prospects
for an Effective Global Climate
Regime by 2015
Dr. Meinhard Doelle,
(Photo Credits: Cambridge Press)
As frustration mounts in some quarters at the perceived inadequacy
or speed of international action on climate change and as the
likelihood of significant impacts grows, the focus is increasingly
turning to liability for climate change damage. Actual or potential
climate change liability implicates a growing range of actors,
including governments, industry, businesses, non-governmental
organisations, individuals and legal practitioners. Climate Change
Liability provides an objective, rigorous and accessible overview of
the existing law and the direction it might take in seventeen
developed and developing countries and the European Union. In
some jurisdictions, the applicable law is less developed and less the
subject of current debate. In others, actions for various kinds of
Promoting
climate change liability have already been brought, including
high Compliance
profile cases such as Massachusetts v. EPA in the United States.
Each
in an
Evolving
chapter explores the potential for and barriers to climate change
Climate Regime
liability in private and public law.
As the contours of a post-2012 climate regime begin to emerge, compliance
issues will require increasing attention. This volume considers the questions
that the trends in the climate negotiations raise for the regime’s compliance
system. It reviews the main features of the UN Framework Convention on Climate
Change and its Kyoto Protocol, canvasses the literature on compliance theory
and examines the broader experience with compliance mechanisms in other
international environmental regimes. Against this backdrop, contributors examine
the central elements of the existing compliance system, the practice of the Kyoto
compliance procedure to date, and the main compliance challenges encountered
by key groups of states such as OECD countries, economies in transition, and
developing countries. These assessments anchor examinations of the strengths and
weaknesses of the existing compliance tools and of the emerging, decentralized,
‘bottom-up’ approach introduced by the 2009 Copenhagen Accord and pursued by
the 2010 Cancun Agreements.
J U T T A BRU N N É E is Professor of Law and Metcalf Chair in Environmental Law
at the University of Toronto. As co-author of Legitimacy and Legality in International
Law: An International Account, she received the American Society of International
Law’s 2011 Certificate of Merit for a Preeminent Contribution to Creative
Scholarship in International Law.
M E I N H A R D D OE L L E is an associate professor at Dalhousie University’s
Schulich School of Law, where he also serves as the Associate Director of the
Marine and Environmental Law Institute. He also serves on the federal provincial
environmental assessment panel for the Lower Churchill hydroelectric project in
Labrador, Canada.
L AVA N Y A R A J A M A N I is a professor at the Centre for Policy Research, New
Delhi, where she writes, teaches and advises on international environmental law, in
particular international climate change law and policy. She is also the Rapporteur
for the International Law Association’s Committee on Legal Principles Relating to
Climate Change.
Brunnée, Doelle and Rajamani
Promoting Compliance in an Evolving Climate Regime
M&EL Institute,
Schulich School of Law,
Dalhousie University
th and pragmatic approach gives easy access to global
• Objective, March
analytically rigorous
Monday,
17
information on climate law and litigation options
• Each
chapter
follows
a template that facilitates comparative analysis, thereby enabling
1:30
to
2:30
pm
cross-fertilisation of ideas across national and regional boundaries
• Covers 218
major developed
and Building
developing country jurisdictions, thereby assisting
Room:
Wallace
policymakers who drive the climate policy debate and potential litigants from the public,
edited by
Jutta Brunnée, Meinhard Doelle
and Lavanya Rajamani
and public
interest
sectors
The private
presentation
will provide
a brief
overview of the
evolution of the UN climate regime from the 1992
framework
convention (UNFCCC) to the 1997 Kyoto
Contents:
Protocol,
then
focus on
state
of the1.current
Part I.and
Legal,
Scientific
andthe
Policy
Aspects:
Introduction Jutta Brunnée, Silke Goldberg, Richard Lord and
Lavanya
Rajamani;
2.
The
scientific
basis
for
climate
change liability Myles Allen; 3. Overview of legal issues
negotiations toward a new global agreement to
relevant to climate change Jutta Brunnée, Silke Goldberg, Richard Lord and Lavanya Rajamani; 4. Policy
be finalized
by 2015 and to come into force in 2020. Among the issues in the negotiations are
considerations Jutta Brunnée, Silke Goldberg, Richard Lord and Lavanya Rajamani; Part II. National Laws: Asia
mitigation
in developed
key
developing
countries,
adequacy
of finance,
development
and
and Pacific:
5. Australiaand
Ross
Abbs,
Peter Cashman
and Tim
Stephens;
6. China Deng
Haifeng; 7.
India
Lavanya Rajamani
and Shibani
Ghosh; 8. loss
Indonesia
Mas Achmad
Rifqi Assegaf
and Josi Khatarina;
9.
dissemination
of technology,
adaptation,
and damage,
andSantosa,
compliance.
The presentation
will
Japan
Yukari
Takamura;
Africa/Middle
East:
10.
Egypt
Dalia
Farouk
and
Lamiaa
Youssef;
11.
Israel
Issachar
give an update of recent developments on these key issues at the 19th meeting of the Parties to the
Rosen-Zvi; 12. Kenya Patricia Kameri-Mbote and Collins Odote; 13. South Africa Debbie Collier and Jan
UNFCCC
in Poland
in and
November,
and discuss
for an15.
effective
global
regime toKoch,
be
Glazewski;
Europe
Eurasia: 2013,
14. European
Unionprospects
Ludwig Krämer;
Germany
Hans-Joachim
finalized
byLührs
2015.and Roda Verheyen; 16. Poland Bartosz Kura, Maciej Szewczyk, Dominik Wakowski, Tomasz
Michael
Cover image: divers at the underwater art
installation The Silent Evolution, created by
Jason deCaires Taylor, highlight sea-level rise
during COP16. Copyright Jason deCaires Taylor
/ Greenpeace.
Cover designed by Hart McLeod Ltd
Wardynski and Izabella Zielinska-Barlozek; 17. English law Silke Goldberg and Richard Lord; 18. Russia Fiona
Mucklow Cheremeteff, Max Gutbrod, Daria Ratsiborinskaya and Sergei Sitnikov; North America: 19. Canada
Dr. Meinhard
Doelle is a Professor of Law, Associate Dean, Research and Director, Marine &
Meinhard Doelle, Dennis Mahony and Alex Smith; 20. United States of America Michael B. Gerrard and Gregory
Environmental
Institute,
Schulich
School
Law,Yanko
Dalhousie
University.
HeXavier
specializes
in Lucas de Moura
E. Wannier; Law
Central
and South
America:
21.of
Brazil
Marcius
de Alencar
and Pedro
Soares;
22.
Mexico
José
Juan
Gonzalez
Marquez.
environmental and energy law, with a focus on climate change and environmental assessment
processes. He has served as a non-governmental member of the Canadian delegation to the UN climate
change negotiations. He has written a variety
ofpages
books and journal
papers.
624
2011
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