INTERNATIONAL LAW ON CLIMATE CHANGE

 

The International Law on Climate Change hub houses links to open access articles that highlight innovative international law and governance responses relating to climate change. A selection of articles is listed below as well as our own CLGI publications.

 

Climate Law and Governance 2016/17 Legal Working Paper Series

 

 

The leading insights presented by experts participating in Climate Law and Governance Day 2016 alongside COP22 will be shared through the 2016/17 Climate Law and Governance Legal Working Paper Series published here. The series is open source and is intended to stimulate debate and raise awareness in the climate change community on climate law and governance. The series is edited by Dr Marie-Claire Cordonier Segger (Professor of Law, University of Waterloo / Senior Director CISDL), Dr. Oonagh Fitzgerald (Director, International Law Research Programme, CIGI), and Dr Walid Ali (Regional Climate Change Specialist, UNDP), as a collaboration between the CISDL, the UNDP, the University of Cambridge and CIGI.

 

 

 

Other ongoing CLGI Research Initiatives

 

Preliminary Research Findings Announcement: Adaptation in the (i)NDCs

 

This paper presents preliminary research findings undertaken by an international team of legal researchers from the climate law and governance initiative, of a cross-cutting comparative review of the Paris Agreement iNDC and NDC Databases. It contributes to the evidence base for the call for capacity building efforts alongside finance and technology transfer to enable the implementation of adaptation goals under the Paris Agreement. The report presents a survey of the NDCs and iNDCs submitted to February 2017, finding that the majority include adaptation contributions, that water, agriculture, and disaster risk reduction are top priority adaptation sectors, and that the diversity of adaptation goals and actions necessitates flexibility in the design of capacity building efforts. 

 


156 Countries stress the importance of legal and institutional reforms in iNDCs, with 51 calling for law and governance capacity building

In September 2016, CLGI presented a rapid cross-cutting analysis of the (intended) Nationally Determined Contributions (iNDCs) submitted to the UNFCCC to date, undertaken by an international team of legal researchers from the Centre for International Sustainable Development Law (CISDL). This research underscores an evidence base for the call for legal and institutional reform to ensure effective implementation of the Paris Agreement. Statements by countries in the iNDCs show that legal reforms and capacity gaps are a major concern. Read more about the research at our blog post from the 14th September 2016. Alternatively, read the Research Announcement in full here .


 

 

Climate Law and Governance 2015/16 Legal Working Paper Series

 

The Climate Law and Governance 2015/16 Working Paper Series was edited by Dr Marie-Claire Cordonier Segger (Affiliated Fellow, Lauterpacht Centre for International Law & Senior Director, CISDL), Dr Walid Ali (Regional Climate Change Specialist, UNDP) and Dr Robert Kibugi (Climate Change Programme Lead Counsel, CISDL), as a collaboration between the CISDL, the UNDP, the University of Cambridge and the University of Nairobi. 

 

Transparency Provisions in the Paris Agreement by Christopher Campbell-Duruflé (Canada), Karine Péloffy (Canada), Fabiano de Andrade Correa (Brazil), M. Hafijul Islam Khan (Bangladesh) & Erick J. Kassongo (DRC)

One of the key principles on which the Paris Outcome relies to achieve the ultimate objective of the UNFCCC is transparency. The paper analyses the transparency provisions of the Paris Agreement and four different national case studies to highlight key legal and governance issues for implementation of the transparency provisions in domestic contexts – covering Bangladesh, Canada, Brazil, and the Democratic Republic of the Congo.

 

 

Moving Beyond by Incentivising Green Investments in EBRD's Countries of Operation by Angela Delfino

Using the European Bank for Reconstruction and Development (EBRD) as an example, this Working Paper considers: (i) the promotion of low-¬carbon technologies and investments, including in renewable energy; and, (ii) law and governance measures that can signal changes in the global marketplace. The paper describes how, within its mandate, the EBRD has taken initiatives on energy efficiency and climate change, and types of financing used in EBRD operations, highlighting the importance of botto-up approaches in climate financing.

 

Development Implications of Climate-related Migration in the Pacific by Cosmin Corendea

In the years to come, climate-related shocks and trends will amplify the challenges and risks of displacement for the people of the Pacific. This paper analyses the role international organizations and instruments do and can play in addressing these challenges with a view to sustainable development.

 

Priority Instruments for Implementation of the Paris Agreement in the DR Congo /

Les Instruments prioritaires de mise en oeuvre de l'Accord de Paris sur le climat en R.D.Congo by Erick Kassongo 

Le mécanisme proposé par le traité pour combattre le réchauffement est innovant, laissant les États comme seuls décideurs pour s’engager à des mesures ambitieuses par des CPDN taillées sur le niveau d’ambition de chaque pays. Comment la RDC, pays en développement, entend-t-elle surmonter les défis de mise en œuvre de sa CPDN et honorer ses engagements de réduction?

 

Climate Mitigation, Adaptation Measures and State Obligations to Enforce Human Rights by Marcel Szabo (to be published)

 

Transnational Climate Change Torts: A Comparative Study of Civil Law Avenues for Foreign Claim ants in Germany, the United Kingdom and the Netherlands by Sebastian. Bechtel, David Estrin and Andrew Gage (to be published)

 

 

 

 

Other resources

 

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 of the regime.

 

Legal Principles Relating to Climate Change by the International Law Association (2014)

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 international agreements.

 

The Paris Climate Agreement: An Initial Examination by Jorge E. Viñuales (2015)

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 an d provides some considerations about the future of the agreement.

 

 

The above is a selection based on the work of legal researchers at the Climate Law Governance Initiative, of some of the best open access online resources currently available. To propose further resources to be featured at this site, a new category or other suggestions please email us at climatelawgovernance@cisdl.org

 

 

 

 
 
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