Climate Change and Environmental Hazards Related to Shipping: An International Legal Framework

2013 ◽  
Author(s):  
Jérémie Gilbert

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.


2021 ◽  
pp. 1-27
Author(s):  
Xiangbai He

Abstract There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.


2021 ◽  
Vol 10 (2) ◽  
pp. 94
Author(s):  
Andreas Tsatsaris ◽  
Kleomenis Kalogeropoulos ◽  
Nikolaos Stathopoulos ◽  
Panagiota Louka ◽  
Konstantinos Tsanakas ◽  
...  

Human activities and climate change constitute the contemporary catalyst for natural processes and their impacts, i.e., geo-environmental hazards. Globally, natural catastrophic phenomena and hazards, such as drought, soil erosion, quantitative and qualitative degradation of groundwater, frost, flooding, sea level rise, etc., are intensified by anthropogenic factors. Thus, they present rapid increase in intensity, frequency of occurrence, spatial density, and significant spread of the areas of occurrence. The impact of these phenomena is devastating to human life and to global economies, private holdings, infrastructure, etc., while in a wider context it has a very negative effect on the social, environmental, and economic status of the affected region. Geospatial technologies including Geographic Information Systems, Remote Sensing—Earth Observation as well as related spatial data analysis tools, models, databases, contribute nowadays significantly in predicting, preventing, researching, addressing, rehabilitating, and managing these phenomena and their effects. This review attempts to mark the most devastating geo-hazards from the view of environmental monitoring, covering the state of the art in the use of geospatial technologies in that respect. It also defines the main challenge of this new era which is nothing more than the fictitious exploitation of the information produced by the environmental monitoring so that the necessary policies are taken in the direction of a sustainable future. The review highlights the potential and increasing added value of geographic information as a means to support environmental monitoring in the face of climate change. The growth in geographic information seems to be rapidly accelerated due to the technological and scientific developments that will continue with exponential progress in the years to come. Nonetheless, as it is also highlighted in this review continuous monitoring of the environment is subject to an interdisciplinary approach and contains an amount of actions that cover both the development of natural phenomena and their catastrophic effects mostly due to climate change.


2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Prue Taylor

Governance of the Earth’s global ecological commons creates unprecedented challenges for humanity. Our traditional Westphalian state system was not designed to respond to these global challenges and thus far it has failed to transform. Climate change is the current headline issue; 30 years on and we still swing between hope and despair about our collective ability to radically reduce greenhouse gas emissions. Related issues are beginning to vie for our response: ocean acidification, mass species extinction, land use change and freshwater scarcity. 


2020 ◽  
Vol 6 (4) ◽  
pp. 406-423
Author(s):  
Kirsten Westphal

Russia is the world’s largest gas exporter and Germany is its most important market. Moreover, natural gas is a centerpiece of the Russian economy and the backbone of its energy supply to the Russian population. In terms of its external gas relations, Germany has always kept a special and strategic position, both in terms of volumes, but also in substance. This contribution explores the impact of the energy transition on the bilateral gas relationship. It argues that the bilateral gas relationship has been subjected to various paradigm shifts in the past, but, until recently, the relationship has been seen as in line with the strategic energy triangle of climate change/sustainability, supply security and economic competitiveness. This perception has come into question over two issues: climate change and supply security. Moreover, Germany’s authority over the conduct and the legal framework of bilateral gas relations has been increasingly contested, by Brussels, but also horizontally by other EU member states. At this stage, it is very uncertain whether both sides will manage to maintain and redefine their close energy partnership to address climate change. Decarbonizing the gas value chain would be a centerpiece. This would require a political shift away from securitization to decarbonization, not only in Germany, but even more so in the EU, and in particular, in Russia.


Climate ◽  
2020 ◽  
Vol 8 (11) ◽  
pp. 134
Author(s):  
Sola Ojo ◽  
Henry Mensah ◽  
Eike Albrecht ◽  
Bachar Ibrahim

Climate Change (CC) and variability are global issues that the world has been facing for a long time. Given the recent catastrophic events, such as flooding, erosion, and drought in Nigeria, many have questioned institutions’ capacity in managing CC impacts in Nigeria. This study explores emerging institutional barriers of adaptation to CC effects on water resources in Nigeria. The study data were obtained from in-depth interviews with institutional heads from water resources management and emergency management and a review of secondary literature from databases such as Google Scholar, Scopus, and Web of Science. The results show that inadequate hydrological data management, low awareness on how to adapt among the public and decision-makers, financial constraints, no political will to pass important bills into law, and inadequate institutional and legal framework are the main institutional barriers of adaptation to climate change in Nigeria. The study concludes that it is essential to strengthen the institutional and legal system, information management mechanism, public awareness, and participatory water resources management. The implications for further research are presented in the study.


Climate Law ◽  
2011 ◽  
Vol 2 (3) ◽  
pp. 299-344 ◽  
Author(s):  
Yee Huang ◽  
Robert L. Glicksman ◽  
Catherine O’Neill ◽  
William L. Andreen ◽  
Victor Flatt ◽  
...  

Regardless of the efforts governments may take to mitigate the impacts of greenhouse gas emissions and other human activities on climate change, the need for society to adapt to climate change is unavoidable. Adapting to the myriad impacts of climate change will require actions at all levels of government. This article focuses on the anticipated impacts of climate change on the Puget Sound region in the northwestern United States as an example of the range of problems climate change will present and of the solutions available to governments and others interested in avoiding or minimizing the adverse impacts of climate change. As a guide for policy-makers, the article offers general principles for formulating climate change adaptation policies, suggestions for changes in decision-making processes that make them more suitable for addressing the unpredictable impacts of climate change, and strategies for adapting to three specific categories of climate change effects: impacts on the hydrologic cycle, sea-level rise, and altered meteorological conditions. The strategies and recommendations analysed in the article can provide a model for climate change adaptation policies, both in the Puget Sound region and more broadly, that are both environmentally protective and socially equitable.


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