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During the negotiations in 2015 that led to the adoption of the
Paris Agreement, one of the most contentious issues was the
introduction of a dedicated provision in Article 8 on what is known
as ‘loss and damage’. The adoption of this new article,
however, left many questions unanswered. What is the distinction
between ‘loss and damage’, and ‘adaptation’? What are the
legal implications of the inclusion of loss and damage as an
article in a legal treaty? How can financial assistance and
compensation best be channelled to victims of climate change loss
and damage? What gaps remain in the loss and damage governance
system? The Third Pillar of International Climate Change Policy: On
‘Loss and Damage’ after the Paris Agreement addresses these
questions, and numerous others, and explores the present and future
of loss and damage in the era of the Paris Agreement. This book
provides an up-to-date analysis of ‘loss and damage’ which is
often described as the third pillar of international climate change
policy. It is based around four main themes: (i) insurance schemes,
(ii) key gaps in loss and damage governance, including non-economic
loss and damage and slow-onset events, (iii) legal aspects of loss
and damage, and (iv) novel approaches to loss and damage. The
chapters in this book were originally published as a special issue
of Climate Policy.
During the negotiations in 2015 that led to the adoption of the
Paris Agreement, one of the most contentious issues was the
introduction of a dedicated provision in Article 8 on what is known
as 'loss and damage'. The adoption of this new article, however,
left many questions unanswered. What is the distinction between
'loss and damage', and 'adaptation'? What are the legal
implications of the inclusion of loss and damage as an article in a
legal treaty? How can financial assistance and compensation best be
channelled to victims of climate change loss and damage? What gaps
remain in the loss and damage governance system? The Third Pillar
of International Climate Change Policy: On 'Loss and Damage' after
the Paris Agreement addresses these questions, and numerous others,
and explores the present and future of loss and damage in the era
of the Paris Agreement. This book provides an up-to-date analysis
of 'loss and damage' which is often described as the third pillar
of international climate change policy. It is based around four
main themes: (i) insurance schemes, (ii) key gaps in loss and
damage governance, including non-economic loss and damage and
slow-onset events, (iii) legal aspects of loss and damage, and (iv)
novel approaches to loss and damage. The chapters in this book were
originally published as a special issue of Climate Policy.
This book is structured to reflect the different questions that may
arise in connection with a preliminary reference. It explains who
can make a reference, what questions can be referred, and when can,
when should, and when must a reference be made. Thereupon the book
provides detailed guidance on the form and contents of the actual
reference as well as the procedure, both before the referring court
and the European Court of Justice. Finally, the preliminary ruling
and its effects are explained together with the questions of cost
and legal aid. Now in its third edition, this book has proved to be
of considerable value to the legal practitioner faced with the
subtleties of a preliminary reference - be it as judge or advocate.
However, it is much more than an advance practitioners' guide. With
backgrounds as both practitioners and academics, the two authors
have produced a book that also caters for the needs of academics.
The practical guidance is thus supplemented by the critical
analysis of the Court of Justice's practice. This fully updated and
revised edition of Broberg and Fenger on Preliminary References to
the European Court of Justice provides a meticulous, yet easily
accessible examination of all aspects of the preliminary reference
procedure.
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