The Impact of Climate Change Mitigation on Indigenous and Forest Communities


Book Description

The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.




Energy and Global Climate Change


Book Description

Energy and Global Climate Change: Bridging the Sustainable Development Divide focuses attention on two urgent global development challenges faced by the UN and its member states: access to sustainable energy for all, and global climate change. This book presents compelling evidence about an often neglected aspect of the energy-climate change-development nexus faced by millions of poor: problems caused by the use of inefficient and polluting energy sources, and the lack of access to sustainable energy services. Based on a detailed examination of major UN global climate change and sustainable development negotiated outcomes over the course of several decades, this book argues in a powerful and insightful manner that intergovernmental negotiated outcomes aimed at solving the climate change and energy access challenges have been restricted by being placed in different negotiating silos. This “siloization” or compartmentalization has resulted in separate tracks of negotiated outcomes on two inextricably linked global development challenges; and, has thereby hindered prospects for integrated action. This book points out that the existence of these two silos is especially hard to ignore in light of the urgent UN-led quest for an integrated and universal post-2015 development agenda anticipated to be anchored by new sustainable development goals on energy access and climate change. By addressing the heavy reliance on inefficient and polluting energy services which result in indoor air pollution and short lived climate pollutants that tragically impact millions of poor people, this book highlights the unique importance of integrated action on the energy-poverty-climate change nexus in the UN’s post-2015 development era.




TRIPS plus 20


Book Description

This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.




Risk and the Regulation of Uncertainty in International Law


Book Description

Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.




Intellectual Property and Clean Energy


Book Description

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.




Global Forest Governance and Climate Change


Book Description

This edited collection assesses governance in forestry programmes and projects, including REDD+ governance. It examines political representation, participation and decentralisation in forest governance, providing insight as to how forest governance arrangements can be responsive to the socio-economic interests of local people and communities who live adjacent to and depend on forests. Global Forest Governance and Climate Change argues that inclusive complementary representation of local communities is required for strong participatory processes and democratic decentralisation of forest governance. Responsiveness to local people’s socio-economic interests in forestry initiatives require paying attention to not just the hosting of participatory meetings and activities, but also to the full cast of appointed, self-authorized, and elected representative agents that stand, speak, and act for local people. This book will be of interest to students and academics across the fields of climate change governance, forestry, development studies, and political economy. It will also be a useful resource for policy makers and practitioners responsible for forestry and climate change initiatives.




The Oxford Handbook of Environmental Ethics


Book Description

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.




Ethical Values and the Integrity of the Climate Change Regime


Book Description

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.




High Seas Governance


Book Description

High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.