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。     

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.     

EU Climate Change Litigation,the Role of the European Courts,and the Importance of Legal Culture

The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the European Union can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the European Union raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU's regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, the borders of the EU's environmental regulatory powers. As such, this article shows that attention needs to be given to the interaction between climate change laws and the constitutional role of the EU judiciary. These interactions are considered here together with the contingency of EU climate change litigation on EU legal culture.     

Climate Change: Legal Developments on Many Fronts

A dynamic set of diplomatic, political, and cultural forces is driving action on global climate change in many legal arenas. These include novel multi-state compacts to regulate certain emissions of greenhouse gases (GHGs), vigorous legislative initiatives by the new Congressional leadership, judicial actions seeking damages and injunctive relief, and private sector responses to the potential new liabilities and obligations associated with climate change. In this environment, pressure is mounting on the federal government to abandon its policy of encouraging voluntary reductions in greenhouse gas emissions and to adopt programs that will impose mandatory and uniform national emission requirements.     

Climate Change Public Nuisance Litigation: Contextualizing AEP v. Connecticut

This article follows up on B. A. Bender, “Greenhouse Gas Politics and Climate Change Public Nuisance Litigation,” Environmental Claims Journal, 22(2): 78–90, 2010. It discusses developments in climate change public nuisance litigation since May 2010, with an emphasis on how actions taken by the U.S. Environmental Protection Agency may affect the outcome of American Elec. Power Co. Inc. et al. v. State of Connecticut et al., which was argued before the United States Supreme Court on April 19, 2011. A decision in that case is expected this summer.     

Multi-Stage: A Rule-Based Evolution of Future Commitments under the Climate Change Convention

This article presents the regional emission targets corresponding to different climate regimes for differentiating commitments beyond 2012 on the basis of the Multi-Stage approach. This approach assumes a gradual increase in the number of Parties involved and their level of commitment according to participation and differentiation rules. The analysis focuses on two global greenhouse gas emission profiles resulting in CO₂-equivalent concentrations stabilising at 550 and 650 ppmv in 2100 and 2150, respectively. Three Multi-Stage cases have been developed in order to assess different types of thresholds. These share three consecutive stages representing different commitments: stage 1 – no quantitative commitments; stage 2 – emission–limitation targets and stage 3 – emission reduction targets. The analysis shows that by 2025 all three cases result in emission reduction objectives for all Annex I regions of at least 30–55% below their 1990 levels for 550 ppmv, whereas for 650 ppmv target they range from 0 to 20%. Furthermore, early participation is required of the major non-Annex I regions through emission limitation targets i.e. before 2025 and 2050 for the 550 and 650 ppmv targets, respectively. The first participation threshold for adopting emission–limitation targets on the basis of a capability–responsibility index (as introduced here) can provide for a balanced and timely participation of non-Annex I regions. Major strengths and weaknesses of the climate regimes are discussed and important obstacles and pre-conditions for their feasibility and acceptability are highlighted.     

The Implementation of the UN Framework Convention on Climate Change in a Non-Party State: Taiwan

This article introduces the implementation of the Framework Convention on Climate Change in a non-Party state: Taiwan. It examines the reasons why Taiwan as a non-Party decided to voluntarily comply with the FCCC. The institutional and legal settings for an effective implementation, as well as the implementation strategies put forward by the Taiwanese academics and manifested by the government will be discussed. Critique of the implementation strategies pursued by the government, and external and domestic obstacles for an effective implementation will be investigated as well.     

Parametric Insurance: Using Objective Measures to Address the Impacts of Natural Disasters and Climate Change

Parametric insurance is a promising alternative to traditional insurance when it comes to addressing catastrophic weather events and their impact on developing nations. Where available, traditional insurance is expensive and can involve protracted claim adjustment. Parametric insurance, on the other hand, provides coverage monies automatically upon the existence of certain objective weather-related parameters based upon a set formula. This model has been shown to work in the Caribbean Basin, but requires international cooperation in pooling, measuring, and managing risk. The immediate availability of emergency-response funds can be crucial in mitigating the impacts of climate change and related severe weather events.     

《气候变化框架公约》履行的环境法解释与方案选择

《气候变化框架公约》及其议定书是人类应对气候变化所制定的总体规划和实施细则,但是,由于其和其他环境法公约一样具有环境法的"软法"特质,一些《气候变化框架公约》的履行机制出现了许多值得探究的边白。以"震慑型"方案还是"激励型"方案为主,需要从《气候变化框架公约》的履行理论切入,深入剖析,对此两种方案进行理论、实证博弈分析,得出《气候变化框架公约》履行方案的应有选择,为今后其他国际环境条约的履行提供相关指导。     

Climate Change Litigation,Obsession and Expertise: Reflecting on the Scholarly Response to Massachusetts v. EPA

Climate change litigation is an obsessive preoccupation for many legal scholars. Three different “narratives” can be identified for why scholars find such litigation important to study: litigation is a response to institutional failure, legal reasoning holds authority, and litigation is a forum for the co‐production of facts and social orders. The nature and consequences of these narratives are considered in the context of the first U.S. Supreme Court “climate change” case—Massachusetts v. EPA (2007). This analysis has implications for both how scholars understand their expertise in this area, and how they should foster it.     

气候变化法律应对实证分析——从国际公约到国内法的转化

气候变化问题的全球性决定了构建应对气候变化对策必须集合各领域的通力合作的,法律应对机制是必不可少。以往,我们常常将关注点放在气候变化国际法律制度领域的基本问题研究上,而未真正对气候变化国际法律制度进行认真剖析,找出其目前和未来发展阶段的不足之处;更没有在国际实证分析的基础上,结合我国目前的实际情况,做出完整的法律构架,实现国际法的国内法转化,使气候变化的应对能真正落到实处,毕竟《京都议定书》的实现需要各国知之践行;尽管有必要强调共同但区别原则,但是中国作为负责任的大国,有必要提升“道义责任理念”,从自身内部法律实践做起,为温室气体的减排落实真正尽一份力。     

Youth participation and agency in the United Nations Framework Convention on Climate Change

This article examines the participation and agency of young non-state actors (NSAs) in the United Nations Framework Convention on Climate Change (UNFCCC). It utilizes the constituency of Youth NGOs: YOUNGO, as a case study to examine the relationship between selection of participatory strategies, power sources (following Nasiritousi et al. in Int Environ Agreem Politics Law Econ 16(1):109–126, 2016), recognition and agency using ego and alter perceptions. It finds that young people’s selection of participatory strategies and power sources is shaped by the level of agency which they perceive to be available to them. When self-perception of agency is high, young participants offer constructive policy amendments which can lead to recognition and agency, though only within certain policy areas and the silos in which they are negotiated. When self-perception of agency is low, youth interpret this as lack of recognition, leading to efforts to assert their relevance and/or to challenge procedural legitimacy: neither of which are well received by decision-makers. In reality, several of the challenges faced by young participants are not structurally unique to their constituency; however, their lack of financial resources does hinder their ability to fully utilize modes of participation which previous studies have found to be beneficial to other NSAs, such as side-events. Financial constraints also restrict the ability of youth participants, many of whom are volunteers, to develop professional relationships with key actors over time, meaning that the level of agency developed by more established, better-resourced NSAs remains largely out of reach. These findings have implications for the understanding of NSA agency, which has previously been treated as homogeneous and raises further questions regarding procedural legitimacy of the UNFCCC and its role in mobilizing and empowering the next generation.     

Supreme Court to Hear Landmark Case on Climate Change Emissions: Judgment Day Comes in Global Warming Litigation

The Supreme Court has historically been reluctant to involve itself in environmental matters, especially those relating to the regulation of releases or emissions of harmful substances. The court has typically been content to allow the legislative branch to fashion appropriate regulations to address environmental issues and for the executive branch to enforce those regulations. The acceptance of certiorari in the Second Circuit's Connecticut v. AEP case was a surprise because it not only involves environmental regulation, but also the common law applicable to public nuisance actions seeking redress for climate change damage allegedly caused by emissions of greenhouse gases (GHGs). The AEP case is shaping up to be a blockbuster in the climate change debate in the United States, and the decision could have broad repercussions in not only future litigation involving climate change, but also GHG legislation and the insurance available to address damage due to weather-related events.