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It gathers a varied group of international legal academics; ranging
from world-renowned authorities in the field (e.g. Karen Alter
(Northwestern), Bill Bowring (Birkbeck) and Armand de Mestral
(McGill)), other well-established academics from institutions such
as Cambridge and Copenhagen, UN officials, and early-career
academics. The authors hail from all over the world. It is a
diverse group of contributors, each with a unique set of expertise
and an original perspective on the work of international courts.
This book will discuss the legal tools offered by international law
that can support foreign direct investment (FDI) in the renewable
energy sector in the Global South. Promoting and increasing
investment in the renewable energy sector is crucial for limiting
global temperature rise to 1.5 DegreesC and addressing energy
poverty in the Global South. In this volume, Avidan Kent explores
the various home-country measures (HCMs) offered by international
law that support FDI in the renewable energy sector. This book
provides a bird's eye evaluation of HCMs from fields such as trade
law, investment law, environmental law, development law and more.
It reveals that while international law indeed offers many legal
tools to support investors' needs, the current legal framework is
fragmented; most legal instruments were designed in isolation and
the potential for mutually supportive, synergetic policies has been
explored only to a limited extent. This fragmented reality is in
contradiction to the notion of Policy Coherence for Development,
which is increasingly gaining support in leading institutions in
Europe and elsewhere. This book will provide recommendations on the
manner in which HCMs can be connected in order to maximise their
potential and boost investment in renewable energies in the
developing world. International Law and Renewable Energy Investment
in the Global South will be of great interest to scholars, students
and practitioners of international law, energy studies, development
studies and IR more broadly.
The end of World War II marked the beginning of a new golden era in
international law. Treaties and international organisations
proliferated at an unprecedented rate, and many courts and
tribunals were established with a view to ensuring the smooth
operation of this new universe of international relations. The
network of courts and tribunals that exists today is an important
feature of our global society. It serves as an alternative to
other, sometimes more violent, forms of dispute settlement. The
process of international adjudication is constantly evolving,
sometimes in unexpected ways. Through contributions from
world-renowned experts and emerging voices, this book considers the
future of international courts from a diverse range of
perspectives. It examines some of the regional, institutional and
procedural challenges that international courts face: the rising
influence of powerful states, the turn to populism, the interplay
between courts, the involvement of non-state actors and third
parties in international proceedings, and more. The book offers a
timely discussion of these challenges, with the future of several
international courts hanging in the balance and the legitimacy of
international adjudication being called constantly into question.
It should also serve as a reminder of the importance of
international courts for the functioning of a rules-based
international order. 'The Future of International Courts' is
essential reading for academics, practitioners and students who are
interested in international law, including those who are interested
in the role international courts play in international relations.
One of the most significant impacts of climate change is migration.
Yet, to date, climate-induced migrants are falling within what has
been defined by some as a 'protection gap'. This book addresses
this issue, first by identifying precisely where the gap exists, by
reviewing the relevant legal tools that are available for those who
are currently, and who will in the future be displaced because of
climate change. The authors then address the relevant actors; the
identity of those deserving protection (displaced individuals), as
well as other bearers of rights (migration-hosting states) and
obligations (polluting states). The authors also address head-on
the contentious topic of definitions, concluding with the
provocative assertion that the term 'climate refugees' is indeed
correct and should be relied upon. The second part of the book
looks to the future by advocating specific legal and institutional
pathways. Notably, the authors support the use of international
environmental law as the most adequate and suitable regime for the
regulation of climate refugees. With respect to the role of
institutions, the authors propose a model of 'cross-governance',
through which a more inclusive and multi-faceted protection regime
could be achieved. Addressing the regulation of climate refugees
through a unique collaboration between a refugee lawyer and an
environmental lawyer, this book will be of great interest to
scholars and professionals in fields including international law,
environmental studies, refugee studies and international relations.
One of the most significant impacts of climate change is migration.
Yet, to date, climate-induced migrants are falling within what has
been defined by some as a 'protection gap'. This book addresses
this issue, first by identifying precisely where the gap exists, by
reviewing the relevant legal tools that are available for those who
are currently, and who will in the future be displaced because of
climate change. The authors then address the relevant actors; the
identity of those deserving protection (displaced individuals), as
well as other bearers of rights (migration-hosting states) and
obligations (polluting states). The authors also address head-on
the contentious topic of definitions, concluding with the
provocative assertion that the term 'climate refugees' is indeed
correct and should be relied upon. The second part of the book
looks to the future by advocating specific legal and institutional
pathways. Notably, the authors support the use of international
environmental law as the most adequate and suitable regime for the
regulation of climate refugees. With respect to the role of
institutions, the authors propose a model of 'cross-governance',
through which a more inclusive and multi-faceted protection regime
could be achieved. Addressing the regulation of climate refugees
through a unique collaboration between a refugee lawyer and an
environmental lawyer, this book will be of great interest to
scholars and professionals in fields including international law,
environmental studies, refugee studies and international relations.
Current estimates of the numbers of people who will be forced from
their homes as a result of climate change by the middle of the
century range from 50 to 200 million. Therefore, even the most
optimistic projections envisage a crisis of migration that will
dwarf any we have seen so far. And yet attempts to develop legal
mechanisms to deal with this impending crisis have reached an
impasse that shows little sign of being overcome. This is in spite
of the rapidly growing academic study and policy development in the
area of climate change generally. 'Climate Refugees': Beyond the
Legal Impasse? addresses a fundamental gap in academic literature
and policy making - namely the legal 'no-man's land' in which the
issue of climate refugees currently resides. Past proposals for the
regulation of climate-induced migration are evaluated, inter alia
by their original authors, and the volume also looks at current
attempts to regulate climate-induced migration, including by
officials from the International Organization for Migration (IOM),
the office of the United Nations High Commissioner for Refugees
(UNHCR) and the Platform on Displacement Disaster (PDD). Bringing
together experts from a variety of academic fields, as well as
officials from leading international organisations, this book will
be of great interest to students and researchers of Environmental
Law, Refugee Law, Human Rights Law, Environmental Studies and
International Relations.
Current estimates of the numbers of people who will be forced from
their homes as a result of climate change by the middle of the
century range from 50 to 200 million. Therefore, even the most
optimistic projections envisage a crisis of migration that will
dwarf any we have seen so far. And yet attempts to develop legal
mechanisms to deal with this impending crisis have reached an
impasse that shows little sign of being overcome. This is in spite
of the rapidly growing academic study and policy development in the
area of climate change generally. 'Climate Refugees': Beyond the
Legal Impasse? addresses a fundamental gap in academic literature
and policy making - namely the legal 'no-man's land' in which the
issue of climate refugees currently resides. Past proposals for the
regulation of climate-induced migration are evaluated, inter alia
by their original authors, and the volume also looks at current
attempts to regulate climate-induced migration, including by
officials from the International Organization for Migration (IOM),
the office of the United Nations High Commissioner for Refugees
(UNHCR) and the Platform on Displacement Disaster (PDD). Bringing
together experts from a variety of academic fields, as well as
officials from leading international organisations, this book will
be of great interest to students and researchers of Environmental
Law, Refugee Law, Human Rights Law, Environmental Studies and
International Relations.
The last few years have witnessed a flurry of activity in global
governance and international lawseeking to address the protection
gaps for people fleeing the effects of climate change. This book
discusses cutting-edge developments in law and policy on climate
change and forced displacement, including theories and potential
solutions, issues of governance, local and regional concerns, and
future challenges. Chapters are written by a range of authors from
academics to key figures in intergovernmental organisations, and
offer detailed case studies of policy developments in the Americas,
Europe, South-East Asia, and the Pacific. This is an ideal resource
for graduate students and researchers from a range of disciplines,
as well as policymakers working in environmental law, environmental
governance, and refugee and migration law. This is one of a series
of publications associated with the Earth System Governance
Project. For more publications, see
www.cambridge.org/earth-system-governance.
The last few years have witnessed a flurry of activity in global
governance and international lawseeking to address the protection
gaps for people fleeing the effects of climate change. This book
discusses cutting-edge developments in law and policy on climate
change and forced displacement, including theories and potential
solutions, issues of governance, local and regional concerns, and
future challenges. Chapters are written by a range of authors from
academics to key figures in intergovernmental organisations, and
offer detailed case studies of policy developments in the Americas,
Europe, South-East Asia, and the Pacific. This is an ideal resource
for graduate students and researchers from a range of disciplines,
as well as policymakers working in environmental law, environmental
governance, and refugee and migration law. This is one of a series
of publications associated with the Earth System Governance
Project. For more publications, see
www.cambridge.org/earth-system-governance.
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