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International Law Obligations on Climate Change Mitigation (Hardcover)
Loot Price: R3,383
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International Law Obligations on Climate Change Mitigation (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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Recent years have witnessed exciting developments in international
negotiations, litigation, and scholarship about climate change, but
doctrinal research in the field remains in its infancy. In
particular, little is known about how fast states are required to
limit and reduce their greenhouse gas emissions. The first part of
the book identifies the relevant obligations through an analysis of
treaties, custom, and other sources of international law. Beyond
express quantified commitments contained for instance in nationally
determined contributions, the book sheds light on the existence of
general obligations of due diligence. While these general
obligations are difficult to interpret, they are often more
demanding. The second part explores how these general obligations
can be applied objectively, for instance by a court, in concrete
cases. Instead of an improbable judicial assessment of a state's
requisite level of mitigation action, the book shows the
possibility of assessing a state's conduct based on the measures
that general mitigation obligations entail. These measures relate
to corollary duties of cooperation, vigilance, and consistency.
This book presents a first comprehensive doctrinal study of states'
obligations on climate change mitigation. It shows that such
obligations arise not only from climate treaties, but also from
customary international law, unilateral declarations, and,
possibly, human rights treaties. It also explores the interactions
between these multiple obligations.
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