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  • Series: Research Handbooks in Climate Law series x
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Edited by Christina Voigt

The REDD+ initiative for Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation is an important tool, established under the UNFCCC, for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so. With contributions from legal experts, international relations scholars, climate change negotiators and activists, this Handbook eloquently examines the emerging governance arrangements for REDD+, analysing how and to what extent it is embedded in the international legal framework.
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Edited by Mary Jane Angelo and Anél Du Plesis

Bringing together scholars from across the globe, this timely book astutely untangles the climate-food web and critically explores the nexus between climate change, agriculture and law, upon which food security and climate resilient development depends.
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Edited by Jordi Jaria-Manzano and Susana Borrás

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.
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Rosemary Lyster and Robert R.M. Verchick

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Tim Stephens

The Anthropocene brings with it a risk of environmental disasters at scales not previously experienced. This chapter argues that disasters caused or made worse by climate change are appropriately addressed under the rubric of international climate law rather than global disaster policy. A turn to generic disaster risk reduction in response to the risks of climate disasters in the Anthropocene is no substitute for the urgent task of reducing greenhouse gas emissions in order to meet the objectives of the 2015 Paris Agreement on Climate Change. Instruments such as the Sendai Framework for Disaster Risk Reduction, as important as they are, can offer only wishful thinking when it comes to the governance of environmental disasters in the Anthropocene.

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Lavanya Rajamani

The principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) is a central foundational pillar of the international climate change regime, but it has also generated considerable disagreement between Parties over the years. The extent to which the climate change regime will succeed in its goals to limit climate change and reduce the risk of disasters depends on the extent to which this principle can be effectively operationalized. In its absence — if states believe themselves to be treated unfairly — the international climate change regime will flounder, dramatically increasing the risk of runaway climate change and disasters. This chapter examines the principle of CBDR-RC, including its core content, its legal status, and its operationalization in the Paris Agreement. The chapter pays particular attention to the aspects of climate change mitigation and adaptation, as they relate to disaster risk reduction.

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Christine Bakker

Recent developments, ranging from Brexit to states’ withdrawal from international agreements or the International Criminal Court, point to a renewed reliance on state sovereignty to justify unilateral action. This chapter examines how the principle of sovereignty has influenced the international response to climate change, including climate disasters as expressed in the 2015 Paris Agreement, and considers whether this principle itself needs to be reconsidered to better respond to current global challenges. It concludes that in order to balance the needs of sovereignty with the needs of human survival, “hybrid” solutions like the Paris Agreement, combining ambitious common goals with some flexibility for states regarding their achievement, are the best attainable — albeit not sufficient -— option at this time.

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Jacqueline Peel

This chapter considers how international environmental law applies to the special situation of climate disaster. It examines efforts to adapt international environmental rules largely developed to respond to “manmade” disasters to hybrid climate disasters that involve both natural and human-sourced elements. It also discusses the scope for international environmental law tools and principles, such as precaution, EIA and participation, to be employed in climate disaster risk management. The final section explores challenges presented by efforts to forge better linkages between disaster management and environmental communities and institutions, with the aim of fostering more integrated approaches for dealing with climate disaster.

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Rosemary Lyster and Maxine Burkett

This chapter considers climate-induced migration and displacement following climate disasters. It focuses on disaster risk reduction and climate change adaptation; relocation and resettlement in the event of displacement; and financing, compensation, and risk transfer. It also highlights three major new initiatives which are likely to better protect the rights of climate-displaced persons, including: the new synergies between the Paris Agreement, the Sendai Framework for Disaster Risk Reduction 2015–2030, and the 2015 Sustainable Development Goals; the 2016 Task Force on Displacement under Warsaw International Mechanism on Loss and Damage; and the proposed 2018 UN Global compact for safe and orderly and regular migration.

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Daniel A. Farber

Rather than being keyed to any one legal system, this chapter investigates the constitutional and administrative challenges of climate change at a more general level. It identifies problems that cut across legal systems and suggests some effective approaches to solving them. The chapter first discusses the constitutional problems involved in responding to the risks of climate disasters, including both structural issues such as federalism and potential violations of property rights and other individual rights. It then considers aspects of administrative law relevant to climate disasters, including the need to ensure government transparency and accountability as well as the significance of public participation.