Elgar Studies in Climate Law – serie

Greenhouse gas concentrations are rapidly increasing and as a result, fundamental economic transitions are needed to limit global warming. This essential book examines the climate and energy policies of selected jurisdictions in Europe and East Asia that have vowed to become carbon neutral.Climate and Energy Law and Policy in the EU and East Asia provides important analyses of the respective laws and policies of the European Union, China and South Korea, and also touches upon Japan. Accounting for 43% of global CO2 emissions, these jurisdictions are critical for success. While nations share a common goal, the way policy priorities are set, and the ways in which the climate crisis is managed, differ tremendously. Chapters examine different law and policy approaches, constraints and resulting implications for cooperation, thereby contributing to the climate and energy transition discussions and offering much-needed policy insights.This timely book will be of great interest to researchers, students and scholars focusing on climate and energy law and policy. It will additionally be beneficial for policymakers and government officials seeking to understand changes in energy policy.

As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability for climate change related matters. Covering both national and international law, it investigates approaches to corporate social responsibility, shedding light on how these strategies can help protect human rights and the environment.This book illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change. The contributing authors explore interconnected aspects of corporate transnational climate law, relating contemporary problems to traditional areas of private law. Ultimately, this prescient book provides valuable legal insights into the challenges of corporate accountability and liability for climate change and identifies important pathways for the future of litigation.Corporate Accountability and Liability for Climate Change is a valuable resource for students and scholars of corporate social responsibility and climate law and governance. It will also be of relevance to practitioners and policymakers with an interest in litigation and regulatory strategies.

This timely book traces the evolution of the Green Climate Fund (GCF) since its establishment in 2010. Ruth Adler investigates whether it has the legitimacy necessary to substantially contribute to the achievement of the objectives of the Paris Agreement, including limiting the increase in global average temperature to less than 2°C above pre-industrial levels.Adler conducts a comprehensive study of the performance of the GCF, and addresses gaps in the existing scholarship to analyse the Fund’s effectiveness. Taking a deep dive into its portfolio, she determines whether the funded projects and programs have been effective, and if they have achieved outcomes consistent with the principles of justice and equity. Chapters draw on performance reporting and independent evaluations, as well as annual reports and financial information, which indicate implementation challenges and delays. Adler ultimately argues that the Fund’s legitimacy could be enhanced through reforms to its governance and contributions from a broader range of donors.This book is a crucial read for scholars and students of climate change, environmental law and public international law. It is also beneficial for practitioners and policymakers in climate policy and finance, as well as NGOs, climate activists and investors in the field.

'In this important book, Benoît Mayer forces us to confront the implications of labelling in the climate migration context, and skillfully leverages this debate to shine a light on broader questions of the evolving role of global governance. His forthright analysis is both refreshing and appropriately challenging.'- James C. Hathaway, University of Michigan Law School'The discussion on the legal aspects of climate migration is often limited to the issue of the legal status. Yet the debate extends way further, and Mayer offers a much-needed broader look at the different dimensions of this concept, their legal implications and political caveats.'- François Gemenne, University of Liège, Belgium, and Sciences Po, FrancePolitical narratives on climate or environmental migration have been deployed in support of policy arguments relating to humanitarian assistance, migration, and climate change, or to promote national security or economic interests. But while climate change certainly has various impacts on human mobility, it does not appear to create distinct ''climate migrants'' or (in general) unprecedented migration scenarios. In this timely book, Benoit Mayer offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration.The Concept of Climate Migration identifies the essential narratives around climate migration - the humanitarian narrative, the migration narrative and the climate change narrative - and assesses their prospects. It argues that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. Throughout the discussion, it appears that the weaknesses of the concept of "climate migration" are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.This discerning book explores new paradoxes in political advocacy and relates them to some of the greatest challenges to contemporary global governance. It will be of great interest to researchers and postgraduate students interested in climate migration, climate change and the law, or anyone involved in advocacy around these important issues.

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.

Emissions Trading Systems (ETS) have been hailed as a game changer for the evolving climate crisis. This book provides an in-depth analysis of China’s carbon ETS, including its legal and policy frameworks, carbon market mechanisms, and international and comparative implications.With nine cutting-edge topics divided into three thematic parts, this comprehensive book probes the essential concepts, contemporary research, and key elements of carbon emissions trading in China. Multidisciplinary in scope, the book draws on insights from law, policy, economics, environmental management, and geopolitics, to provide a comprehensive and nuanced analysis of the development of carbon emissions trading in China. Placing China’s carbon ETS within the broader context of international efforts to address climate change, it provides a comparative perspective with international value.This book will be an essential resource for scholars and researchers of international and comparative climate law and policy, environmental management, economics, and climate politics. It will prove an indispensable guide for students of Chinese law, climate law, environmental policy, and comparative environmental law. Practitioners, policymakers, and government officials working in climate governance seeking the state-of-the-art of the development of ETS in China will also benefit greatly from its insights.

This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030.Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments.This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.

This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.

This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures.A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect.Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.