Procedural Justice in the United Nations Framework Convention on Climate Change

Procedural Justice in the United Nations Framework Convention on Climate Change
Author: Luke Tomlinson
Publisher: Springer
Total Pages: 209
Release: 2015-04-28
Genre: Science
ISBN: 3319171844

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This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.

Procedural Justice in International Negotiations on Climate Change

Procedural Justice in International Negotiations on Climate Change
Author: Marco Grasso
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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International negotiations on climate change are among the most difficult ever conducted worldwide because, besides the intrinsic complexity of the issues at stake, they are still pervaded by a plurality of values and views of the world which ultimately produces harsh and apparently insurmountable conflicts among countries. For these reasons, and with a view to the greater applicability of procedural justice to diverse pluralistic contexts of analysis, the ethical issues that characterize climate negotiations can be more usefully addressed by means of a specific version of proceduralism - that is, impure proceduralism. The aim of the article is therefore to set out a notion of impure procedural justice suitable for climate negotiations. To this end, it defines and empirically tests relevant fairness criteria in the formal negotiating setting of the United Nations Framework Convention on Climate Change (UNFCCC). Our analysis shows that the single most important determinant of impure proceduralism, as evinced by the test conducted on fairness criteria, is information. It is finally argued that information can be enhanced in order to increase the fairness of processes and procedures when, consistently with Hampshire's principle of adversary argument, all parties have an opportunity to be heard whilst advancing their cases.

Justice in Funding Adaptation under the International Climate Change Regime

Justice in Funding Adaptation under the International Climate Change Regime
Author: Marco Grasso
Publisher: Springer Science & Business Media
Total Pages: 191
Release: 2009-11-28
Genre: Science
ISBN: 9048134390

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Covering the ethical dimensions of international-level adaptation funding, a subject of growing interest in the climate change debate, this book provides a theoretical analysis of the ethical foundations of the UNFCCC regime on adaptation funding, one that culminates in the definition of a framework of justice. The text features an interpretative analysis of the ethical contents of the UNFCCC funding architecture by applying the framework of justice proposed to different areas of empirical investigation. The book offers scholars working on climate change, international relations, and environmental politics an analysis characterized by both theoretical soundness and empirical richness. The comprehensiveness of the book’s approach should make it possible to plan and implement international adaptation funding more effectively, and eventually to define more just funding policies and practices.

Loss and Damage from Climate Change

Loss and Damage from Climate Change
Author: Reinhard Mechler
Publisher: Springer
Total Pages: 557
Release: 2018-11-28
Genre: Science
ISBN: 3319720260

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This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.

Fairness in International Climate Change Law and Policy

Fairness in International Climate Change Law and Policy
Author: Friedrich Soltau
Publisher: Cambridge University Press
Total Pages: 305
Release: 2009-09-14
Genre: Law
ISBN: 1139479369

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This work analyses fairness dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. On the basis of an overview of science and the development of the climate regime, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the seemingly intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change - grounded in practical developments and illustrated with reference to the key issues - can add value to our understanding of the options for international climate law and policy.

Procedural Rights as a Crucial Tool to Combat Climate Change

Procedural Rights as a Crucial Tool to Combat Climate Change
Author: Svitlana Kravchenko
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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This Article will discuss how a subset of human rights - procedural rights - can play an important role in limiting climate change. These include freedom of expression and the right to seek and receive information, the right to participate in decision-making and the right of access to justice. States must address climate change through a transparent process of giving the public full and complete information during the early stages of decision-making in climate change related issues. States must also give the public a voice by allowing participation by all affected communities, including indigenous peoples. In Part II, this Article will first discuss how freedom of expression and access to information are embedded in human rights treaties, multilateral environmental agreements, national constitutions and information laws, and in the jurisprudence of regional human rights and domestic courts, as well as national reporting and how these rights can be used for combating climate change. Part II will also briefly evaluate the right of investors to disclosure of climate risk information and the role of Securities and Exchange Commission (SEC) in light of the agency's new interpretive guidance on existing public company disclosure requirements relating to the issue of climate change. In Part III, this Article will discuss public participation in decision-making related to climate change, first exploring the established legal framework for public participation in "soft law" MEAs, and in environmental impact assessments (EIAs), including the transboundary context. Part III concludes by providing case examples how procedural rights have been used to combat climate change. Finally, Part IV will evaluate the role of civil society participation in the negotiation of an international treaty at the United Nations Framework Convention on Climate Change (UNFCCC) Fifteenth Session of the Conference of the Parties in Copenhagen, as well as the author's participation in the Working Group on Human Rights and Climate Change.

Procedural Climate Justice

Procedural Climate Justice
Author: Kilian de Ridder
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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Historically, the debate on climate change governance has been centered around a global treaty on carbon pricing, where burdens and benefits were to be shared according to standards of distributive justice. Recently, three alternative concepts have emerged in this discourse: polycentric climate governance, procedural climate justice, and climate policy including adaptation and directed technical change. These three concepts have not yet been investigated as a common framework. This article bridges the gap in the literature by integrating the three concepts into a conceptual system. We show how polycentric governance fulfils procedural justice norms. And following procedural norms can make polycentric systems more effective. We show how adaptation policy and directed technical change may effectively reduce the risk from climate change in a procedurally just polycentric climate regime. Our novel conceptual system answers more adequately than the conventional approach to the difficulties of governing climate change, including uncertainty and pluralism. The article contributes to each of the literature streams on climate justice, governance, and policy by showing implications of and interrelations between the discussed concepts. And we contribute a novel framework for climate policy makers and researchers to situate their efforts and to navigate the complex problems of the climate crisis.

Climate Change and the Law

Climate Change and the Law
Author: Erkki Hollo
Publisher: Springer
Total Pages: 693
Release: 2012-12-05
Genre: Law
ISBN: 9789400754416

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Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives. In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law. Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”

United Nations Framework Convention on Climate Change Handbook

United Nations Framework Convention on Climate Change Handbook
Author: United Nations Framework Convention on Climate Change
Publisher:
Total Pages: 216
Release: 2006
Genre: Climatic changes
ISBN: 9789292190316

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This handbook provides an overview of the United Nations Framework Convention on Climate Change as of August 2006. It focuses on the institutional framework of the Convention and the actions taken by the Conference of the Parties to the Convention.

A Research Agenda for Climate Justice

A Research Agenda for Climate Justice
Author: Paul G. Harris
Publisher: Edward Elgar Publishing
Total Pages: 192
Release:
Genre: Science
ISBN: 1788118170

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Climate change will bring great suffering to communities, individuals and ecosystems. Those least responsible for the problem will suffer the most. Justice demands urgent action to reverse its causes and impacts. In this provocative new book, Paul G. Harris brings together a collection of original essays to explore alternative, innovative approaches to understanding and implementing climate justice in the future. Through investigations informed by philosophy, politics, sociology, law and economics, this Research Agenda reveals how climate change is a matter of justice and makes concrete proposals for more effective mitigation.