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This timely Research Handbook offers an insightful review of how
legal systems - whether domestic, international or transnational -
can and should adjust to fairly and effectively support loss and
damage (L&D) claims in climate change law. International
contributors guide readers through a detailed assessment of the
history and current state of L&D provisions under the UN
climate regime and consider the opportunities to fund L&D
claims both within and outside the UN climate system. Split into
four parts, the Research Handbook investigates the current legal
frameworks for L&D across both public international law and
domestic law. Chapters explore foundational issues including equity
and justice and give a critical assessment of the current state and
potential future evolution of international legal systems. The
contributing authors also discuss the challenges faced by different
legal systems in dealing effectively and fairly with L&D.
Providing a comprehensive overview of this important topic, this
Research Handbook will be an excellent resource for climate lawyers
and policymakers. It will also be an invaluable read for academics
and students researching environmental and climate issues.
As the contours of a post-2012 climate regime begin to emerge,
compliance issues will require increasing attention. This volume
considers the questions that the trends in the climate negotiations
raise for the regime's compliance system. It reviews the main
features of the UN Framework Convention on Climate Change and its
Kyoto Protocol, canvasses the literature on compliance theory and
examines the broader experience with compliance mechanisms in other
international environmental regimes. Against this backdrop,
contributors examine the central elements of the existing
compliance system, the practice of the Kyoto compliance procedure
to date and the main compliance challenges encountered by key
groups of states such as OECD countries, economies in transition
and developing countries. These assessments anchor examinations of
the strengths and weaknesses of the existing compliance tools and
of the emerging, decentralized, 'bottom-up' approach introduced by
the 2009 Copenhagen Accord and pursued by the 2010 Cancun
Agreements.
The most important climate agreement in history, the Paris
Agreement on Climate Change represents the commitment of the
nations of the world to address and curb climate change. Signed in
December 2015, it entered into force on 4th November 2016.
Countries are moving into implementation, and efforts at all levels
will be needed to fulfill its ambitious goals. The Paris Climate
Agreement: Commentary and Analysis combines a comprehensive legal
appraisal and critique of the new Agreement with a practical and
structured commentary to all its Articles. Part I discusses the
general context for the Paris Agreement, detailing the scientific,
political, and social drivers behind it, providing an overview of
the pre-existing regime, and tracking the history of the
negotiations. It examines the evolution of key concepts such as
common but differentiated responsibilities, and analyses the legal
form of the Agreement and the nature of its provisions. Part II
comprises individual chapters on each Article of the Agreement,
with detailed commentary of the provisions which highlights central
aspects from the negotiating history and the legal nature of the
obligations. It describes the institutional arrangements and
considerations for national implementation, providing practical
advice and prospects for future development. Part III reflects on
the Paris Agreement as a whole: its strengths and weaknesses, its
potential for further development, and its relationship with other
areas of public international law and governance. The book is an
invaluable resource for academics and practitioners, policy makers,
and actors in the private sector and civil society, as they
negotiate the implementation of the Agreement in domestic law and
policy.
As the contours of a post-2012 climate regime begin to emerge,
compliance issues will require increasing attention. This volume
considers the questions that the trends in the climate negotiations
raise for the regime's compliance system. It reviews the main
features of the UN Framework Convention on Climate Change and its
Kyoto Protocol, canvasses the literature on compliance theory and
examines the broader experience with compliance mechanisms in other
international environmental regimes. Against this backdrop,
contributors examine the central elements of the existing
compliance system, the practice of the Kyoto compliance procedure
to date and the main compliance challenges encountered by key
groups of states such as OECD countries, economies in transition
and developing countries. These assessments anchor examinations of
the strengths and weaknesses of the existing compliance tools and
of the emerging, decentralized, 'bottom-up' approach introduced by
the 2009 Copenhagen Accord and pursued by the 2010 Cancun
Agreements.
The most important climate agreement in history, the Paris
Agreement on Climate Change represents the commitment of the
nations of the world to address and curb climate change. Signed in
December 2015, it entered into force on 4th November 2016.
Countries are moving into implementation, and efforts at all levels
will be needed to fulfill its ambitious goals. The Paris Climate
Agreement: Commentary and Analysis combines a comprehensive legal
appraisal and critique of the new Agreement with a practical and
structured commentary to and social drivers behind it, providing an
overview of the pre-existing regime, and tracking the history of
the negotiations. It examines the evolution of key concepts such as
common but differentiated responsibilities, and analyses the legal
form of the Agreement and the nature of its provisions. Part II
comprises individual chapters on each Article of the Agreement,
with detailed commentary of the provisions which highlights central
aspects from the negotiating history and the legal nature of the
obligations. It describes the institutional arrangements and
considerations for national implementation, providing practical
advice and prospects for future development. Part III reflects on
the Paris Agreement as a whole: its strengths and weaknesses, its
potential for further development, and its relationship with other
areas of public international law and governance. The book is an
invaluable resource for academics and practitioners, policy makers,
and actors in the private sector and civil society, as they
negotiate the implementation of the Agreement in domestic law and
policy.
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