Full Description
The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.
Contents
1. International law, innovation and environmental change in the Anthropocene Cameron S. G. Jefferies, Sara L. Seck and Tim Stephens; Part I. Innovation in Legal Responses to Normative Change: 2. Differentiation in international environmental law: has pragmatism displaced considerations of justice? Patrícia Galvão Ferreira; 3. The Paris Agreement: continuity and change within the climate regime Tomoaki Nishimura; 4. Global climate finance and the Green Climate Fund: can innovation and democracy co-exist? Katherine Owens; Part II. Innovative Legal Responses to the Consequences of Physical Change: 5. 'Blue carbon' and the need to integrate mitigation, adaptation and conservation goals within the international climate law framework Justine Bell-James; 6. Innovative developments in international fisheries law and their contribution to improving the effectiveness of RFMOs and other environmental regimes Holly Matley; 7. Addressing climate induced displacement: the need for innovation in international law Hitomu Kimura; 8. Climate change and protection of the marine environment: food security, evolutionary interpretation, and novel application of dispute settlement mechanisms under the United Nations Convention on the Law of the Sea Chie Kojima; Part III. International Law Responses to Technological Innovation: 9. Solar radiation management geoengineering and strict liability for ultra-hazardous activities Kerryn Brent; 10. Balancing innovation, development and security: dual-use concepts in export control laws Machiko Kanetake; 11. Innovative policies for overcoming barriers to financing for green energy projects in Sub-Saharan Africa Leslyn A. Lewis; 12. International cooperation, intellectual property, and climate-essential innovation Brian R. Israel; Part IV. Innovation to Address Governance Challenges in Intersecting Regimes: 13. The climate change tent and the trade cathedral: assessing the relationship between environmental regulations and WTO Law after the Paris Agreement Maria Panezi; 14. Legislative innovation in the trade and climate regimes: towards a framework for the comparative analysis of multilateral lawmaking Nicolas Lamp; 15. Investor-state arbitration and domestic environmental governance: recent developments in Canada Matthew Levine; Part V. Conclusions: 16. The value of an innovation framework for international law Neil Craik and Sara L. Seck.
