Climate Law and Governance Blog

Blog series from legal scholars and practitioners to raise awareness of legal and institutional challenges and responses related to climate change and stimulate debate within and beyond the legal community. It also features announcement and outcome summaries of past events

Legislating the Paris Agreement in Developing Countries

The success of the Paris Agreement on climate change depends on the capability of countries to implement their commitments, the nationally determined contributions (NDCs). In this connection, legislation – whether it is an overarching framework act or the revision of sector specific rules – can be an important tool….

by David Estrin - Oct 2017

Climate Change and Statehood Vulnerability: A Space for an International Governance Mechanism
Climate Change and Statehood Vulnerability: A Space for an International Governance Mechanism

By Dr. Alexandra R. Harrington

In international law, it is axiomatic that control over inhabited territory is essential to the recognition of legal sovereignty and statehood. However, what happens to statehood and the viability of sovereignty when the territory of a state is rendered uninhabitable? These questions…

by David Estrin - Oct 2017

The Paris Climate Agreement: An Initial Examination

This working paper considers the legal structure and content of the 2015 Paris Agreement. He identifies and describes three main parts of the agreement – its goals, areas in which action should be undertaken and the implementation techniques and provides some considerations about the future of the agreement.

by David Estrin - Sep 2017

Legal Principles Relating to Climate Change

In 2014 the International Law Association adopted draft articles on the existing legal principles relating to climate change. These draft articles supplemented commentaries were developed by leading legal academics to clarify the obligations of states regarding climate change under international law and provide guidance to states in negotiating new…

by David Estrin - Sep 2017

The Evolution and Governance Architecture of the Climate Change Regime by Daniel Bodansky and Lavanya Rajamani (2015)

Bondansky and Rajamani offer a historical and legal overview of the UN climate regime for its emergence through the different achievements and failures of the climate summits up to the 2015. Moreover, they describe the main components of the existing legal regime and offer some thoughts about the future…

by David Estrin - Sep 2017

Taking Climate Justice Into Our Own Hands: A Model Climate Compensation Act by Andrew Gage and Margaretha Wewerinke (2015)

tAGS : Litigation

This report illustrates how courts and national governments can use principles of private international law to take action against fossil fuel polluters. It also includes a proposal for a Climate Compensation Act that clarifies principles of liability for large-scale greenhouse gas emitters, and could be enacted by countries around…

by David Estrin - Sep 2017

Climate Justice: The International Momentum Towards Climate Litigation (2016) – Keely Boom, Julie-Anne Richards and Stephen Leonard

tAGS : Justice

This report analyses the shortcomings of the Paris Agreement, in particular focusing on the problems with loss and damage under the existing regimes. It records the increasing number of climate litigation cases across the globe and draws lessons from litigation in other sectors to derive lessons for the climate…

by David Estrin - Sep 2017

Limiting Dangerous Climate Change: The Critical Role of Citizen Suits and Domestic Courts—Despite the Paris Agreement by David Estrin (2016)

Estrin analyses recent suits relating to climate change that were brought in front of domestic courts as well as human rights conditions and their implications and importance.

by David Estrin - Sep 2017

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