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Full-Text Articles in Law
The Netherlands V Urgenda Foundation: Lessons For Using International Human Rights Law In Canada To Address Climate Change, Karinne Lantz
The Netherlands V Urgenda Foundation: Lessons For Using International Human Rights Law In Canada To Address Climate Change, Karinne Lantz
Articles, Book Chapters, & Popular Press
This case digest focuses on the Canadian implications of Urgenda— particularly with respect to current attempts to use human rights arguments to require more ambitious and immediate efforts to reduce Canadian GHG emissions. Although the Canadian Arctic (and Indigenous communities residing there) are particularly vulnerable to the threats posed by global climate change, there has not yet been a court decision addressing Canada’s continuing failure to meet its successive GHG emissions targets. With pending climate litigation invoking a human rights approach, it is only a matter of time before Canadian courts will be faced with deciding, among other things, whether …
The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop
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This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry's contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful …
The Paris Agreement: Historic Breakthrough Or High Stakes Experiment?, Meinhard Doelle
The Paris Agreement: Historic Breakthrough Or High Stakes Experiment?, Meinhard Doelle
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This article offers an overview of the two key outcomes of the 2015 Paris climate negotiations, the Paris COP decision, and the Paris Agreement. They chart a new course for the UN climate regime that started in earnest in Copenhagen in 2009. The Paris Agreement represents a course away from the top down approach and rigid differentiation among parties reflected in the Kyoto Protocol, toward a bottom up and flexible approach focused on collective long term goals and principles. It represents an approach to reaching these long term goals that is focused on self differentiation, support, transparency and review. The …
Loss And Damage In The Un Climate Regime: Prospects For Paris, Meinhard Doelle
Loss And Damage In The Un Climate Regime: Prospects For Paris, Meinhard Doelle
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This paper provides an overview of the Warsaw Mechanism on Loss and Damage and the treatment of the issue under the UNFCCC up to COP 20 in Lima, Peru. The gradual emergence of the issue in the climate negotiations is tracked, leading to the creation of the Warsaw Loss and Damage Mechanism in 2013. The Chapter considers the current state of the issue in the regime, and the prospects for loss and damage in the post 2020 climate regime to be negotiated in Paris in December, 2015.
Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle
Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle
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This paper considers the potential for the UNCLOS and UNFCCC regimes to be faced with disputes at the intersection between the management of climate change and ocean governance. Using the example of geo-engineering, the chapter considers how tensions between climate mitigation and management and conservation goals are likely to be addressed under the two regimes. The paper explores the capacity of the existing dispute resolutions mechanisms under the two regimes to deal with these tensions, conflicts and overlap.
The Role Of The Unfccc Regime In Ensuring Effective Adaptation In Developing Countries: Lessons From Bangladesh, Meinhard Doelle, Steven Evans, Tony George Puthucherril
The Role Of The Unfccc Regime In Ensuring Effective Adaptation In Developing Countries: Lessons From Bangladesh, Meinhard Doelle, Steven Evans, Tony George Puthucherril
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This paper provides a general overview of the UNFCCCs approach to adaptation, and then conducts a case study of adaptation efforts in Bangladesh. Based on the results of the case study and drawing on existing literature, the paper considers to what extent the current approach under the UNFCCC is likely to be effective, and how UNFCCC adaptation efforts might be strengthened.