Global Environmental Change and Innovation in International Law

Cover
Half Title
Title Page
Imprints Page
Contents
List of Figures
List of Tables
List of Contributors
Preface
List of Abbreviations
1 International Law, Innovation, and Environmental Change in the Anthropocene
1.1. Why We Need Innovation: Global Environmental Challenges
1.2. How Can International Law Respond? Prospects for Normative Innovation in the Anthropocene
1.2.1. Defining Innovation
1.2.2. International Legal Innovation in the Anthropocene
1.2.3. The Science–Law Interface
1.3. The Contributions in this Volume: The Dimensions of Innovation in Contemporary International Law
PART I. Innovation in Legal Responses to Normative Change
2 Differentiation in International Environmental Law
2.1. Introduction
2.2. Environmental Justice and the Principle of Differentiation
2.3. Unpacking the Normative Bases for Differentiation in IEL
2.4. Examining State Practice on Differentiation in IEL
2.4.1. Disparities between Treaty Text and State Practice
2.4.2. Confounding Exception: Climate Justice Differentiation
2.5. Conclusion
3 The Paris Agreement
3.1. Introduction
3.2. Getting to Paris: The UNFCCC, the Kyoto Protocol, and the Post­Kyoto Negotiations
3.3. Main Elements of the Paris Agreement inside the UNFCCC Regime
3.3.1. Objectives and Principles
3.3.2. Nationally Determined Contributions
3.3.3. Market Mechanisms
3.3.4. Adaptation and Loss and Damage
3.3.5. Finance
3.3.6. International Cooperation on Climate Change outside the UNFCCC Regime
3.4. Conclusion
4 Global Climate Finance and the Green Climate Fund
4.1. Forms of Innovation under the Green Climate Fund
4.2. Constructing a Process for Democratic Innovation
4.3. The Deliberative Capacities of the Green Climate Fund
4.3.1. Processes for Initiating and Preparing Funding Proposals
4.3.2. Processes for Assessing and Deciding on Funding Proposals
4.4. Conclusions
PART IIA. Innovative Legal Responses to the Consequences of Physical Change: Ecosystem Impacts
5 ‘Blue Carbon’ and the Need to Integrate Mitigation, Adaptation, and Conservation Goals within the International Climate Law Framework
5.1. Introduction
5.2. Innovation and Climate-change Law: Integrating Mitigation, Adaptation, and Conservation Goals
5.3. Coastal Ecosystems: Carbon Sequestration and Beyond
5.3.1. An Introduction to Coastal Ecosystems and Carbon
5.3.2. Multiple Benefits
5.4. What Should a Blue-Carbon Project Consist of, and What Are the Costs?
5.5. Blue­carbon Opportunities within the International Law Framework
5.5.1. The UNFCCC and REDD+
5.5.2. The Role of Non­carbon Benefits under REDD+
5.6. Other Avenues for Recognizing the Non-carbon Benefits of Coastal Ecosystems under the Paris Agreement – Adaptation
5.7. Conclusion
6 Developments in International Fisheries Law and Their Contribution to Improving the Effectiveness of RFMOs and Other Environmental Regimes
6.1. High­seas Fisheries: Problems and Prospects
6.1.1. The International Regulatory Framework for Certain High-seas
Fisheries
6.1.2. Problems in International Fisheries Governance
6.2. Innovative Developments in International Fisheries Law to Improve Compliance and Effectiveness
6.2.1. Mechanisms to Improve Effectiveness and Compliance
6.3. Lessons Learned and Potential Application to Other Environmental Regimes
6.3.1. Lessons from the International Fisheries Regime for International Environmental Law
6.3.2. Application to Biodiversity beyond National Jurisdiction
6.4. Conclusion
PART IIB. Innovative Legal Responses to the Consequences of Physical Change: Human Rights Impact
7 Addressing Climate-Induced Displacement
7.1. Introduction
7.2. Climate-induced Displacement and International Law
7.2.1. The Challenge of Defining ‘Climate Refugees’
7.2.2. Internal Climate-induced Displacement
7.2.3. Climate-induced Displacement and the UNFCCC
7.2.4. The Need for Planned Climate­induced Migration
7.3. Conclusion
8 Climate Change and Protection of the Marine Environment
8.1. Food Security, the Right to Adequate Food, and UNCLOS
8.1.1. UNCLOS and Food Security
8.1.2. UNCLOS and the Right to Adequate Food
8.2. UNCLOS Part XII and Climate Change
8.2.1. Prevention, Reduction, and Control of Marine Pollution
8.2.2. Protection and Preservation of Marine Ecosystems
8.3. International Dispute Settlement under UNCLOS and Climate Change
8.3.1. Use of UNCLOS Part XV for Non­compliance with UNFCCC
8.3.2. Use of UNCLOS Part XV through the Fish Stocks Agreement
8.3.3. Use of UNCLOS Part XV through RFMOs
8.4. Conclusion
PART III. International Law Responses to Technological Innovation
9 Solar Radiation Management Geoengineering and Strict Liability for Ultrahazardous Activities
9.1. Introduction
9.2. Risks of Global Environmental Harm from SAI
9.3. The No-harm Rule and SAI
9.4. SAI and the Development of the No-harm Rule for Ultra-hazardous Activities
9.5. Conclusion
10 Balancing Innovation, Development, and Security
10.1. Dual-use Items in our Societies
10.2. Regulatory Frameworks
10.3. Multifaceted Duality and Dichotomy
10.3.1. Peaceful versus Non-peaceful Purposes
10.3.2. States versus Non-state Actors
10.3.3. Safe versus Sensitive Destinations
10.3.4. Economic Development versus Security
10.3.5. Military versus Human Security
10.4. Risk Assessment
10.5. Conclusion
11 Innovative Policies for Overcoming Barriers to Financing for Green Energy Projects in Sub-Saharan Africa
11.1. Development Agency Interventions in Energy Modernization in SSA
11.2. The Problem of Financing High-capital Renewable-energy Projects in SSA
11.3. The Ghanaian Case Study: Attracting Investment through Innovative Industrial Policy
11.3.1. The BXC Project
11.3.2. Model Jurisdictions for Renewable-energy Investment in SSA: Ghana and Uganda Compared
11.4. Building Innovative Industrial Policy Institutions in the Ghanaian Renewable-energy Sector
11.4.1. The GET FiT Solution
11.4.2. Building Financial Relations for an Innovative Industrial Policy
11.4.3. Creating Incentives to Invest
11.5. Conclusion
12 International Cooperation, Intellectual Property, and Climate-Essential Innovation
12.1. From Pooling Money to Pooling Knowledge
12.2. Intellectual Property, Technological Innovation, and Diffusion
12.2.1. Innovation: Full Participation, Deep Cooperation
12.2.2. Diffusion: Availability, Affordability
12.2.3. Balancing the Innovation and Diffusion Sides of the Equation
12.3. Engineering a Climate Technology Moonshot
12.3.1. Overview of the Climate Technology Pool
12.3.2. Legal and Institutional Arrangements for Optimizing Innovation and Diffusion
12.3.3. Comparing the CTP with Patent Licensing Collectives
12.4. Hybridizing Public and Private Ordering
12.5. From Paris to Hamburg and beyond
PART IV. Innovation to Address Governance Challenges in Intersecting Regimes
13 The Climate-Change Tent and the Trade Cathedral
13.1. WTO Law and Space for National Environmental Regulations: A Case for Carbon Pricing
13.1.1. Carbon Pricing and Border Carbon Adjustments
13.1.2. Carbon Pricing and Other Agreements
13.1.3. Tariff Renegotiation
13.2. WTO Policy Space for Carbon-accountable Trade Measures
13.3. Conclusions: Potluck Governance at the WTO
14 Legislative Innovation in the Trade and Climate Regimes
14.1. Introduction
14.2. Two Models of International Lawmaking
14.3. Principles
14.4. Techniques
14.5. Modalities
14.6. Form
14.7. Effects
14.8. Conclusion
15 Investor–State Arbitration and Domestic Environmental Governance
15.1. Canada’s Investment Treaty Practice: Fair and Equitable Treatment
15.2. NAFTA Article 1105: Fair and Equitable Treatment
15.3. NAFTA Chapter 11 Arbitrations on the Ontario Green Energy Act
15.4. bilcon’s Expansive Standard for Fair and Equitable Treatment
15.5. Conclusion
PART V. Conclusions
16 Conclusions
16.1. Introduction
16.2. What is Legal Innovation?
16.3. Sources of Innovation
16.4. Instruments of Innovation
16.5. Innovation and Transformation
16.6. Conclusion
Index