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Non-Governmental Actors in International Climate Change Law

Non-Governmental Actors in International Climate Change Law
Author: Marzia Scopelliti
Publisher: Routledge
Total Pages: 117
Release: 2021-07-28
Genre: Law
ISBN: 1000387127

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Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.


Shapers, Brokers and Doers

Shapers, Brokers and Doers
Author: Naghmeh Nasiritousi
Publisher: Linköping University Electronic Press
Total Pages: 75
Release: 2015-12-10
Genre: Climatic changes
ISBN: 9176858642

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Non-state actors, such as international environmental organisations, business associations and indigenous peoples organisations, increasingly take on governance functions that can influence the delivery of global public goods. This thesis examines the roles of these actors in the field of global climate change governance. Specifically, the thesis examines why and how non-state actors are involved in global climate change governance, the governance activities that they may perform and are perceived to perform, and their views on climate change solutions. The thesis also discusses the implications of their roles for how authority is shared between states and non-state actors in global climate change governance. The research questions are addressed by triangulating several empirical methods. The results show that the roles of non-state actors are continuously evolving and depend on the changing nature of relations between state and non-state actors as well as efforts by non-state actors to expand their policy space by justifying and seeking recognition for their participation. Moreover, the findings point to the importance of differentiating between groups of non-state actors, as they represent diverse interests and have different comparative advantages across governance activities. Which non-state actors participate and to what extent therefore has implications for the effects of their involvement in global climate change governance. On the basis of a systematic assessment of a set of non-state actors, this thesis concludes that the key role-categories of non-state actors in global climate change governance are broadly: shapers of information and ideas, brokers of knowledge, norms and initiatives, and doers of implementing policies and influencing behaviours. Different non-state actors carry out activities within these role-categories to different extents. In addition to the empirical mapping of the roles of non-state actors in global climate change governance, this thesis contributes to two strands in the literature: one theoretical focusing on the authority and legitimacy of non-state actors in global environmental governance, and the other methodological, offering a toolbox that combines survey data with qualitative methods.


Debating Climate Law

Debating Climate Law
Author: Benoit Mayer
Publisher: Cambridge University Press
Total Pages: 473
Release: 2021-06-24
Genre: Law
ISBN: 1108840159

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An innovative volume that covers all the common topics of climate law currently debated in the global academic community.


Governing Climate Change

Governing Climate Change
Author: Andrew Jordan
Publisher: Cambridge University Press
Total Pages: 407
Release: 2018-05-03
Genre: Political Science
ISBN: 1108304745

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Climate change governance is in a state of enormous flux. New and more dynamic forms of governing are appearing around the international climate regime centred on the United Nations Framework Convention on Climate Change (UNFCCC). They appear to be emerging spontaneously from the bottom up, producing a more dispersed pattern of governing, which Nobel Laureate Elinor Ostrom famously described as 'polycentric'. This book brings together contributions from some of the world's foremost experts to provide the first systematic test of the ability of polycentric thinking to explain and enhance societal attempts to govern climate change. It is ideal for researchers in public policy, international relations, environmental science, environmental management, politics, law and public administration. It will also be useful on advanced courses in climate policy and governance, and for practitioners seeking incisive summaries of developments in particular sub-areas and sectors. This title is also available as Open Access on Cambridge Core.


State and Non-state Actors in the Climate Change Regime, the Power of Legitimacy Among Actors in International Environmental Institutions

State and Non-state Actors in the Climate Change Regime, the Power of Legitimacy Among Actors in International Environmental Institutions
Author: Asher Alkoby
Publisher:
Total Pages: 0
Release: 2001
Genre:
ISBN:

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Non-state actors have become increasingly involved in the formulation, implementation and enforcement of international environmental law, but their influence is not yet reflected in the design of environmental regimes. This thesis outlines a normative framework for the emerging global civil society, based on a horizontal understanding of legitimacy in international lawmaking. After criticizing the case liberal scholars make in favour of non-state actors participation in international lawmaking, which is based on notions of vertical legitimacy, I suggest an alternative understanding of legitimacy between and among state and non-state actors, drawing upon social constructivism, "international society" theories, and the jurisprudential insights provided by the "interactional theory" of international law. While the institutional design of the climate change regime represents a shift away from a formalistic conception of international law, a state-centric view of international law continues to constrain the creativeness of its institutional design, and threatens to impede its successful implementation.


Climate Change Liability

Climate Change Liability
Author: Richard Lord
Publisher: Cambridge University Press
Total Pages: 711
Release: 2011
Genre: Law
ISBN: 1107017602

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"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--


Climate for Change

Climate for Change
Author: Peter Newell
Publisher: Cambridge University Press
Total Pages: 234
Release: 2000-09-04
Genre: Nature
ISBN: 0521632501

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Describes how non-state actors have shaped the international global warming debate, for researchers, policy-makers and students.


International Climate Change Law

International Climate Change Law
Author: Daniel Bodansky
Publisher: Oxford University Press
Total Pages: 366
Release: 2017-06-08
Genre: Law
ISBN: 0191643149

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This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.


International Climate Change Law and Policy

International Climate Change Law and Policy
Author: Thoko Kaime
Publisher: Routledge
Total Pages: 391
Release: 2014-03-26
Genre: Business & Economics
ISBN: 113602056X

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Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.