Full Description
What role could or should the law play in dealing with the climate emergency? In this innovative volume, leading scholars explore fundamental debates at the frontier of climate change law scholarship. They address the key areas of scholarly disagreement about what climate change law is, the legal rules it consists of, and how these rules could be implemented in the real world. The first eleven topics are debated by teams of scholars expressing diametrically opposite points of view on each topic, in traditional debating style; the last seven chapters are presented as an individual author's own reflection on a topic that cannot readily be reduced to a binary debate. Each chapter is written in an accessible and thought-provoking way, emphasizing clear lines of argumentation. The debating-style format is designed to stimulate students to think critically and logically about the law and to fire up debate in and out of class.
Contents
Introduction Benoit Mayer and Alexander Zahar; Debate 1. Customary law Sandrine Maljean-Dubois and Christopher Campbell-Duruflé; Debate 2. The ILC's role Peter H. Sand and Géraud de Lassus St-Geniès; Debate 3. CBDR principle Daria Shapovalova and Thomas Leclerc; Debate 4. Compliance Meinhard Doelle and Anna Huggins; Debate 5. Climate litigation Cinnamon Piñon Carlarne and Guy Dwyer; Debate 6. Human rights Nicola Pain and Fanny Thornton; Debate 7. Historical responsibility Sarah Mason-Case, Julia Dehm and Alexander Zahar; Debate 8. Climate migration Ingrid Boas and Calum TM Nicholson; Debate 9. Negative-emission technologies Gareth Davies, Duncan McLaren and Wil Burns; Debate 10. Solar radiation management Jesse L. Reynolds and Kerryn Anne Brent; Debate 11. Climate assessment Benoit Mayer and Alexander Zahar; Reflection 1. Adaptation Benoit Mayer; Reflection 2. Loss and damage Alice Venn; Reflection 3. Disappearing states Ori Sharon; Reflection 4. Climate finance Yulia Yamineva; Reflection 5. Non-state actors Mikko Rajavuori; Reflection 6. Regime inconsistency Olivia Woolley; Reflection 7. Aesthetics Benjamin J. Richardson; Conclusion Benoit Mayer and Alexander Zahar; Index.
