论中国对气候变化之适应性立法

适应是复杂的社会过程.气候变化直接影响或者改变特定区域的自然生态条件,间接影响当地的经济社会状况以及人的生存与发展,对经济和社会关系产生深远影响.法律作为调整经济和社会关系的基本制度手段,需要对源于环境和经济社会的适应性要求做出积极回应.除了在国际气候立法框架下进行的国际合作外,国家或者地方的适应性法律和政策是回应地方性适应性需要的必要制度基础,也是促进环境和经济社会可持续发展的制度保障.     

Climate Change Meets the Commerce Clause: Obstacles and Alternatives for State and Local Responses to Climate Change

Abstract

Climate change is a global problem resulting from our aggregate emissions. The United States has failed to take significant action on a federal level to address our country’s contributions. There are options available at the state and local levels to reduce emissions and to prepare for the effects of climate change. However, the commerce clause and the doctrine of federal supremacy may bar states and municipalities from adopting those strategies. This article discusses tactics to circumvent those restrictions, and potential changes to commerce clause jurisprudence that would give states and municipalities greater flexibility to act where Congress has not.     

气候变化的国际法发展:从温室效应理论到《联合国气候变化框架公约》

本文考察了温室效应理论对缔结《联合国气候变化框架公约》的决定性影响 ,并对《联合国气候变化框架公约》的基本法律原则 (规则 )及其对国际环境立法的贡献进行了述评。     

加强国际法对气候变化安全威胁的应对：减缓、适应、资金与技术援助

气候变化引发的安全威胁是国际社会必须正视和应对的大问题。应对这个问题必须通过国际法形式。本文从传统安全威胁和非传统安全威胁两个角度分析了气候变化可能引发的问题,阐述在国际公法、国际经济法、国际贸易法、国际金融法、知识产权国际保护等领域应如何全面、及时、有效地应对气候变化及其安全威胁,指出在这个问题上各国的共识与博弈。     

Climate Change and Crime

Conflict has a carbon footprint. Crime is a subtype of conflict. Citizen on citizen predation by force or fraud, and responses to it, have carbon costs. The paper reviews relevant literatures and notes the absence of recognition of the nexus between crime and carbon-profligate lifestyles. The writers contend that looking at crime and disorder through a carbon costing 'lens' would profoundly influence social and criminal justice policy. The precise quantification of the carbon costs of crime is beyond the scope of this paper. The preliminary estimates contained herein suggest that the direct carbon costs of crime are substantial and the consequential costs more so, to the point where it is difficult to envisage a high crime society being a low carbon society. Recognition of this would lead to a major shift in policy favouring primary crime prevention through the design, implementation and maintenance of products and services less prone to crime. The costs of crime, both fiscal and carbon, would be a matter for regret rather than action were it not for the demonstrable success of schemes to design out crime, for example from residential environments. These are briefly discussed. The scope for further improvement in designing out crime seems considerable, and an intensive programme of research to explore avenues for advance is advocated.     

适应和应对气候变化相关的知识产权制度问题研究

在适应与应对气候变化背景下,有关对知识产权制度的质疑频频出现,针对气候友好型技术开发、转移和应用的知识产权制度的探索也不断涌现,全球知识产权制度必将对气候变化问题作出合适的回应,中国也需要从国内制度、区域制度以及全球制度三个层面寻求气候变化相关知识产权问题的应对策略.     

Climate Change and a Just Transition to the Future of Work

Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green transition will have substantial distributional and structural implications for workers and the workplace across companies and economic sectors. Indeed, the future of work will be significantly shaped by climate change. However, relatively scant scholarly attention has been devoted to the forward-looking legal implications of climate change for work. Similarly, legal scholars writing on climate change have largely neglected the laws governing employment. This article seeks to help fill that gap. How can companies, workers, and society respond to the green transition in a manner that enables better jobs, a safe and stable workplace, and more resilient companies? To answer this question, this article draws on the theory of just transition, which is rooted in environmental justice and labor rights. We offer an interpretation and application of just transition that expands its scope to serve as a blueprint for ethical business conduct and legal reform to improve the world of work and the lives of workers.     

Climate Change and Global Citizenship

The international climate change regime has failed. Even the most optimistic assessment of action to limit greenhouse pollution in the coming few decades will not prevent calamitous changes in Earth's climate. Arguments for international—that is, interstate—justice that have permeated international negotiations on climate change have been insufficient in fostering robust action by states. Indeed, by diverting all responsibility to states, focusing on international justice has not addressed consumption and pollution by hundreds of millions of affluent people around the world, including many millions living within developing states that have no treaty obligations to limit nationwide pollution. Increasingly, however, it is these individuals that matter: more and more of them who are not now subject to any climate‐related legal obligations are able to afford lifestyles that lead to greenhouse gas emissions and more climate change. This is especially true given the very rapid increase in the numbers of affluent people in the developing world. Bearing this in mind, this article goes beyond the still important questions of international climate justice to explore cosmopolitan or global climate justice. Global justice demands that affluent individuals in both affluent and poor states do much more to limit their pollution of the atmosphere. By being good global citizens, capable persons can help states start the world on a path to reducing the severity of climate change.     

Can International Law Adapt to Climate Change?

Abstract

While this article is an overview of existing international environmental law, its main focus is to explore whether we can develop a legal system that has the ability to adapt to climate change in all its complexities. There is no easy solution to this global issue but the scholarship cited here favors the one most difficult to implement, concluding that an adaptation approach provides the flexibility needed to deal with the ever-changing world of climate change. The question remains whether we are willing to make the sacrifices necessary to adapt.     

Legal Steps Outside the Climate Convention: Litigation as a Tool to Address Climate Change

This article examines the recent academic interest in litigation as a tool to address climate change, as well as the surge of legal actions worldwide to bring the problem to the attention of judiciaries. This new interest reveals the frustration of legal scholars and activists at the slow rate at which policy makers are addressing the climate change problem. This article shows the slow build-up of academic interest in litigation, before moving on to analyse the kinds of legal causes of action that are being used in different parts of the world. Most of these cases have not been fully resolved, and it is more than likely that the judgments may not always be favourable to the plaintiffs, but at least a first step has been made to involve yet another forum for addressing the climate change problem.     

Transit Industry Gears Up and Responds to Climate Change Challenges

The transit industry in the United States is preparing for growth as the world deals with climate change and it is applying various methods to measure and monitor its impact on the environment. Working with local, state, and federal governments, transit agencies have adapted many commonsense solutions. Now the American Public Transportation Association is putting together standards and best practices to encourage the industry and inform the public about the benefits of public transportation to the environment, helping our nation join the rest of the world. It is also developing and applying new transit strategies that will attract more riders and reduce greenhouse gas emissions. Portland, Oregon's Tri-Met, New York's Metropolitan Transportation Authority, and the Utah Transit Authority are leading the industry. Portland, Oregon's Tri-Met General Manager, who chairs the industry's Sustainability Committee for the American Public Transit Association has been leading by example with an Environmental Management System that addresses greenhouse gas, pollution, waste, inefficiency, and congestion. New York and Utah are recording greenhouse gases with the Climate Registry. Many agencies are developing new strategies that are attracting more riders and experiencing an intermodal shift to buses and trains. Meanwhile, developing countries are able to increase service and pay for it by selling carbon credits.     

Climate Change Litigation in Canada and the USA

This article examines the growing phenomenon of climate change litigation in the USA and Canada. It explores the expanding context in which this litigation is occurring and highlights key successes and failures of these actions. In the absence of a comprehensive federal framework in both countries, the article shows how litigation is being used by claimants to attempt to require government action in reducing greenhouse gas emissions and to force private entities to do the same and to pay damages. Whether a piecemeal approach to climate change engendered through litigation can provide a solution to this global issue remains to be seen.     

应对气候变化法律惩罚性措施运用趋势比较分析

气候危机的解决已成为时下国家和政府需要着重解决的一个重大现实问题,尽管我国目前已经针对气候危机修订了许多法律法规,但形势仍不容乐观,资源的过度使用,碳排放量的超标问题依然非常严重,针对我国的现实情况和所处的历史背景,使用刑事手段还是民事或行政手段来纾解气候危机症结,其博弈问题,值得我们深思。因此,厘清三种手段的内涵,以比较法的视野,从实证层面研究中外温室气体排放减量保护模式的传承脉络及演进趋势,有利于我国为气候变化的应对选择出最优的法律保障途径。