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This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.
Climate change is an environmental problem of unprecedented complexity, not just in terms of its physical, social, economic and political impacts, but particularly in terms of the range of policy instruments being designed by countries to reduce greenhouse gas emissions. Climate Change and Carbon Markets aims to provide an accessible and practical guide to cutting edge market-based mechanisms which will reduce greenhouse gas emissions. This book is a guide for national and international policy-makers and industry professionals, who need to understand the carbon markets established pursuant to the Kyoto Protocol, one of the most complex agreements ever negotiated. The book sets out how carbon markets will function by explaining the rules, institutions and procedures of the Kyoto mechanisms, including: emissions trading, joint implementation (JI) and the Clean Development Mechanism (CDM). It also provides an in-depth explanation of the EU Emissions Allowance Trading Scheme, emerging mechanisms in the US and developing countries, and how these will link up. For policy-makers, researchers and scholars; industry practitioners, companies, market service providers, technical and legal consultants, NGOs and all stakeholder organizations engaged in the Kyoto markets, this is the authoritative and comprehensive practical guide to this rapidly evolving area. Contains the full text of the key European Union documents setting up the EU Emissions Allowance Trading Scheme and the Linking Directive.
The overarching objective of this book is to make a positive contribution to the global efforts to address the problem of climate change by considering the possible contribution of the international law principle of sovereignty over natural resources. The legal principle of sovereignty over natural resources is considered in this book as a means by which to address the lack of state compliance to climate commitments made in terms of the international legal climate change regime. The gravity of the effects of climate change justify a reinterpretation and reconfiguration of the principle of sovereignty over natural resources in terms of which the right of people to economic self-determination is promoted and constitutes a basis upon which states can be held accountable to climate commitments made in terms of the Kyoto Protocol and the Paris Agreement.
The greenhouse effect is a vital process which is responsible for the heat on the earth?s surface. By consuming fossil fuels, clearing forests etc. humans aggravate this natural process. As additionally trapped heat exceeds the earth?s intake capacity this consequently leads to global warming. The current concentration of CO2 in the atmosphere is already 30% higher compared to pre-industrial levels and unmanaged this development is likely to result in an increase of up to 6.4ΓΈ C towards the end of the century. Especially the poorest regions of the world are facing a double inequity as they a) will be hit earliest and hardest by the adverse impacts of climate change, and b) are least responsible for the stock of current concentrations in the atmosphere. Seeing this the application of the precautionary principle telling us ?to better be safe than sorry? appears to be imperative and makes traditional cost-benefit analysis become obsolete. Thus combating global warming has become one of the most important issues facing the world in the 21st century. The international climate regime is the main platform to further cooperation between nations and to tackle this problem. Since the first world climate conference in 1979 the international community of states pursues the goal of stabilizing greenhouse gas emissions. In 2009, the 15th COP of the UNFCCC aimed at achieving the final breakthrough with regard to framing new long-term mitigation commitments. However, the regime theory tells us that states behave as rational egoists and solely follow selfishly defined interests to maximize own profits. So it not only has to be assumed that just states with a favourable benefit-cost ratio will take the role of a ?pusher? in international climate negotiations but also that powerful states are more likely to reach a favourable outcome. Indeed the highly ineffective Kyoto Protocol, which amongst others had to deal with the exit of the United States, the creation of ?hot air? reductions and an overall lack of compliance incentives, has already shown the difficulties of creating an effective climate regime. In Copenhagen it became obvious that influential actors still do not seem to have an interest to significantly change their energy consumption patterns in order to reduce emissions. The majority of developing countries, politically prioritize the protection of their economic development which heavily depends on the use of cheap energy from fossil fuels. Especially China by no means intends to cut its impressive GDP growth figures to please international crowds. Meanwhile the hands of the US President on the international stage were once again tied by domestic restrictions. However, although it seemed that the long prevailing differences of interests between industrial and developing countries are more than ever insuperable, there is hope. A ?global race? towards renewable energy and related jobs has already started. Nations and international corporations are positioning themselves to take advantage of the inevitable transition from fossil fuels to renewable energy sources. This could be the starting point for a sustainable bottom-up policy architecture on the international level replacing the current top-down approach.
The regulation of greenhouse gas emissions from international aviation and maritime transport has proved to be a difficult task for international climate negotiations such as the Paris Agreement in 2015. Almost two decades prior, Article 2.2 of the Kyoto Protocol excluded emissions from international aviation and maritime transport from its targets, delegating the negotiation of sector-specific regulations to the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), respectively. However, progress at these venues has also been limited. Regime Interaction and Climate Change maps out the legal frameworks in the Climate, ICAO and IMO regimes, and explores the law-making process for the regulation of international aviation and maritime transport through the lenses of fragmentation of international law and regime interaction. The book sheds light on how interaction between these three regimes occurs, what the consequences of such interaction are and how they can be managed to resolve conflicts and promote synergies. This book will be of great interest to scholars of international environmental law and governance, climate change policy and climate change law.
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
A tool to help negotiators of Multilateral Environmental Agreements to prepare strategies and to participate more effectively in the negotiations and focus on environmental issues, their creation of binding international law, and their inclusion.

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