Release on 2019-03-27 | by Davor Vidas,David Freestone,Jane McAdam
Report of the International Law Association Committee on International Law and Sea Level Rise
Author: Davor Vidas,David Freestone,Jane McAdam
This issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
Release on 2020-05-23 | by Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen
Author: Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen
Pubpsher: Springer Nature
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Release on 2012-12-06 | by R.A. Warrick,Q.K. Ahmad
Author: R.A. Warrick,Q.K. Ahmad
Pubpsher: Springer Science & Business Media
Although the "greenhouse effect" and "global climate change" have been the subjects of scientific scrutiny for many decades, only recently have they received widespread public attention. Two major events helped generate this attention. First, in 1990 the Intergovernmental Panel on Climate Change (IPCC) published its findings on the science, impacts and policy implications of climate change. The findings of the IPCC, prepared and reviewed extensively by the world's leading experts in the field, confirmed that the increasing atmospheric concentrations of "greenhouse" gases, such as carbon dioxide, methane, nitrous oxide and the chlorofluorocarbons, could cause the world to warm and sea level to rise. Second, in 1992 the United Nations Conference on Environment and Development (UNCED) inRio de Janeiro focussed the attention of the world's national governments, as well as organisations and individuals outside the governments, on the threat of global climate change. The Framework Convention on Climate Change (FCCC), signed by nations at UNCED, reflects both the concern about the effects of climate change and the urgent need for action to prevent or reduce its potential impacts, particularly with respect to the vulnerable developing countries of the world. Bangladesh ratified the FCCC on 15 April 1994. The countries that have signed and ratified the FCCC are obligated to report to the Conference of the Parties (CoP) to the Convention on a number of inter related issues.
Release on 2015-07-27 | by Jenny Grote Stoutenburg
Author: Jenny Grote Stoutenburg
Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg analyzes the international legal implications of this unprecedented situation.
Release on 2013-10-25 | by Lilian Yamamoto,Miguel Esteban
Climate Change Displacement and Sovereignty
Author: Lilian Yamamoto,Miguel Esteban
Pubpsher: Springer Science & Business Media
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
Attempts by states to draw up a Convention on Climate Change reflect a growing consensus that measures must be taken collectively by states to reflect the problem of major changes to the Earth's climate through increased gases emissions. Despite the important role that international law must play in the process, relatively little has been written on the legal issues and implications.
Release on 2012-01-01 | by Rosemary Gail Rayfuse,Shirley V. Scott
Author: Rosemary Gail Rayfuse,Shirley V. Scott
Pubpsher: Edward Elgar Publishing
'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.
The global political map is undergoing a process of rapid change as former states disintegrate and new states emerge. At sea, boundary delimitation between coastal states is continuing unabated. These changes could pose a threat to world peace if they are not wisely negotiated and carefully managed. Maritime Boundaries presents a variety of cases illustrating the implications of recent approaches to maritime territorial juristiction.
Release on 2016-04 | by Kevin R. Gray,Richard Tarasofsky,Cinnamon Piñon Carlarne
Author: Kevin R. Gray,Richard Tarasofsky,Cinnamon Piñon Carlarne
Pubpsher: Oxford University Press
Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. The Oxford Handbook of International Climate Change Law provides an unprecedented and authoritative overview of all aspects of international climate change law as it currently stands, with guidance for how it should develop in the future. Over forty leading scholars and practitioners set out a comprehensive understanding of the legal issues that surround this vitally important but still emerging area of international law. This book addresses the major legal dimensions of the problems caused by climate change: not only in the content and nature of the international legal frameworks, which need implementation at the national level, but also the development of carbon trading systems as a means of reducing the costs of meeting emission reduction targets. After an introduction to the field, the Handbook assesses the relevant institutions, the key applicable principles of international law, the international mitigation regime and its consequences, and climate change litigation, before providing perspectives focused upon specific countries or regions. The Handbook will be an invaluable resource for scholars, students, and practitioners of international climate change law. It provides readers with diverse perspectives, bringing together interpretations from different disciplines, countries, and cultures.