By Kati Kulovesi, Michael Mehling, Erkki J. Hollo (auth.), Erkki J. Hollo, Kati Kulovesi, Michael Mehling (eds.)
Climate switch and the Law is the 1st scholarly attempt to systematically tackle doctrinal concerns regarding weather legislations as an emergent felony self-discipline. It assembles the most famous specialists within the box to spot appropriate tendencies and customary issues from numerous geographic perspectives.
In a remarkably short while span, weather switch has turn into deeply embedded in vital parts of the legislations. As a world problem calling for collective motion, weather switch has elicited sizeable rulemaking on the overseas aircraft, percolating in the course of the broader criminal process to the neighborhood, nationwide and native degrees. greater than different components of legislation, the normative and sensible framework devoted to weather switch has embraced new tools and softened conventional obstacles among formal and casual, private and non-private, significant and procedural; so ubiquitous is the achieve of proper principles these days that students many times commit consciousness to the intersection of weather swap and extra demonstrated fields of felony learn, similar to overseas exchange law.
Climate switch and the Law explores the wealthy variety of overseas, nearby, nationwide, sub-national and transnational felony responses to weather switch. Is weather legislations rising as a brand new criminal self-discipline? if that is so, what shared goals and ideas outline it? How does weather legislations relate to different parts of legislations? Such questions lie on the center of this new e-book, whose thirty chapters conceal doctrinal questions in addition to a variety of thematic and nearby case reviews. As Christiana Figueres, govt Secretary of the United international locations Framework conference on weather switch (UNFCCC), states in her preface, those chapters jointly supply a “review of the emergence of a brand new self-discipline, its middle ideas and criminal ideas, and its courting and strength interplay with different disciplines.”
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As a result, decision makers have openly embraced alternative policy approaches based on flexible markets and price incentives, in the hope of limiting harmful effects on the economy and competitive distortions in the global marketplace. While the reasoning behind this changed orientation is understandable, the rapid growth and evolution of new Michael Mehling is President of the Ecologic Institute, Washington DC, and an Adjunct Professor at Georgetown University. M. Mehling (*) Ecological Institute, 1630 Connecticut Ave.
8 For a polemic, yet relevant argument about the limitations of international law in affecting state behaviour, see Jack L. Goldsmith and Eric A. Posner, The Limits of International Law (Oxford: Oxford University Press, 2005); for an impassioned counterargument, see Mary E. O’Connell, The Power and Purpose of International Law (Oxford University Press, 2008). 14 M. Mehling enshrined in law would then become largely irrelevant, displacing binding norms to an anachronistic realm of burdensome procedures, an obstacle, some might even argue, in the formulation of effective cooperation strategies.
39 Accordingly, the divergent objectives of climate policies and legislation in other issue areas are not always easy to reconcile. Conflicts can also follow from divergent regulatory approaches, notably when conventional rules based on state intervention and “command and control” meet flexible policies based on the price signals of functioning markets and other financial incentives. An example for such colliding traditions can be seen in the relationship of emissions trading and many conventional ambient pollution control regimes, as the former relies on market forces to guide the standard of technology in participating installations, while the latter, in turn, tend to force rigid performance standards and emission ceilings on each individual operator.
Climate Change and the Law by Kati Kulovesi, Michael Mehling, Erkki J. Hollo (auth.), Erkki J. Hollo, Kati Kulovesi, Michael Mehling (eds.)