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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.
This thoroughly revised Research Handbook on Climate Change
Adaptation Law brings together leading scholars in the field to
summarise and assess key topics including tort and insurance law,
disaster law, water law and marine law as well as biodiversity law
and pollution control. Providing a comprehensive review of new
challenges faced as a result of a changing climate, this Second
Edition considers the adaptation necessary to address the ongoing
impacts from the warming of the Earth's atmosphere at
international, regional and domestic levels. It also analyses the
legal instruments that go beyond helping societies to adapt to the
changing climate, and assist in compensating victims of climate
change damage. Chapters suggest forward-thinking approaches for how
future policies and laws could help to create more climate
resilient and stable societies, and offer a new insight into how
climate change can affect both the local and international
dimensions of security. With its transnational and multilevel
approach, this Research Handbook is an essential resource for
academics in the field of climate change policy and law as well as
policy makers, NGOs and other government officials working in the
field of climate change.
Around the globe, ex ante evaluation of legislation has become an
established rationalisation of legislative processes. Legislators,
politicians, and the public at large increasingly demand new laws
to have a particular effect and no unwanted side effects. Various
instruments are being applied that all have in common that they
must predict the effect of new legislation. Until now, most
publications on regulatory impact assessment praise such
instruments as being extremely useful. Scepticism, however, is in
order as well. Is it not as difficult to predict the future effect
of a new set of rules in our complex society as it is to predict
where our society as a whole is going? The search for an answer to
this sceptical question is at the heart of the book. The newly
established Research Group for Methodology of Law and Legal
Research at Tilburg University (the Netherlands) brought together
some of Europe's top specialists in the field of ex ante evaluation
of legislation, with backgrounds in law, social science, political
science, and law and economics. The result of their collaborative
effort is a comprehensive and critical book on the pros and cons
and on the opportunities, limitations, and challenges of ex ante
assessment of legislation.
Regional legal action to environmental problems has become
increasingly important for national and international approaches.
This important new study provides profound discussions of the state
of affairs of regional approaches across the world and points at
many remaining challenges regarding not only regulatory approaches,
particularly in the field of transboundary waters and climate
change, but also human rights instruments. It should be required
reading by all interested in the further development of
environmental law from a sustainable development perspective.' -
Marjan Peeters, University of Maastricht, the NetherlandsThis
perceptive work presents a unique comparative legal analysis,
ascertaining how regional environmental law can contribute to the
prevailing pursuit of global sustainable development. The book
provides an introduction to and analysis of the environmental law
adhered to by each regional organization in an accessible and
discerning discussion. Regional Environmental Law analyzes the
manner in which four distinct regional organizations the European
Union (EU), Organization of American States (OAS), Association of
Southeast Asian Nations (ASEAN) and the African Union (AU)
facilitate cooperation concerning regional environmental law in
order to promote sustainable development. The fundamental
environmental issues that require regional cooperation are
considered: human rights and the environment, climate change and
shared watercourses. Leading scholars critically analyze how states
may pool sovereignty, pursuant to finding solutions to these
salient environmental problems. The book puts forward conclusive
thoughts about how to work towards the sustainable development
agenda through both specific regional action and collaborative
efforts. Researchers and students interested in international and
environmental law will benefit from the comparative analysis of the
respective regional organisations and their contribution to the
sustainable development commitment. Practitioners and policy makers
will find practical insight from the conclusions drawn.
Contributors: M. Barnard, L. Bhullar, B. Boer, J.T. Calasans, J. de
Cendra de Larragan, C.S. de Windt, B. Garcia, K. Kheng-Lian, L.
Kramer, W.D. Lubbe, O. McIntyre, A. Meijknecht, M.A. Orellana, D.M.
Pallangyo, W. Scholtz, H. Strydom, J. Verschuuren
This research review identifies several of the most important and
influential journal articles and papers in the broad field of
climate law. The editor discusses essential scholarship not just on
the international law making process and on mitigation (emissions
trading, taxes, the CDM, REDD+, etc.), but also on adaptation (in a
wide variety of fields such as sea level rise, water, biodiversity,
cities, agriculture etc.), liability, climate justice and human
rights, and on climate engineering.
Around the world, the role of national regulation is often hotly
debated. This book takes as its starting point the fact that
legislatures and regulators are criticized for overregulation and
for producing poor-quality regulation which ignores input from
citizens and stifles private initiative. This situation has
enhanced the role of non-state law, in forms such as
self-regulation and soft law. In this book, international scholars
in various fields of law, as well as socio-legal studies, address
the question to what extent non-state law currently influences
state regulation, and what the consequences of non-state law are
likely to be for state regulation. Drawing lessons for the state
legislature and state regulators, this innovative book will be of
great interest to academic researchers and post graduate students
in the fields of law, regulation, legal sociology, legal theory,
law and economics, and environmental law. It will also be of
interest to policy makers and regulators - those working at
ministries and government departments drafting legislation.
This meticulously revised second edition provides a comparative
overview of climate change mitigation issues and international
regulatory approaches, bringing together expert contributors to
analyse key sectors such as energy, transport, cities, industry,
land use, agriculture and waste. Governments around the world have
been investigating techniques to reduce greenhouse gas emissions
for decades. This detailed Research Handbook considers the spectrum
of legal and market-based instruments, as well as strategies and
policies adopted around the world, to propose more effective,
comprehensive and responsive ways of managing climate change
mitigation. As well as taking stock of the current and proposed
legal instruments, the book investigates the wider policy and
economic aspects of coping with climate change. It provides a
comparative overview of key issues across Europe, the United
States, Asia-Pacific and the BRICS countries, and discusses
domestic, regional and international law and governance. Important
issues such as carbon trading, financing and litigation are also
addressed. This timely Research Handbook will be an authoritative
resource for scholars of climate change law and policy, whilst also
providing a rigorous overview for upper-level students.
Policymakers will gain insights from the comparative perspectives,
and practitioners will appreciate the broad range of practical
issues addressed.
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