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International Law in the Era of Climate Change

Name: International Law in the Era of Climate Change
Author: Edited by Rosemary Rayfuse, Shirley V. Scott

9781849800303 Edward Elgar Publishing

Edited by Rosemary Rayfuse, Emerita Scientia Professor, Faculty of Law and Justice, UNSW Sydney, Australia and Shirley V. Scott, Head of the School of Humanities and Social Sciences, UNSW Canberra, Australia

Publication Date: 2012 ISBN: 978 1 84980 030 3 Extent: 400 pp

This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy.

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Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law.

This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law, including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy.

This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Critical Acclaim

‘The sheer complexity and magnitude of the challenges ahead as related to mitigating and adapting to climate change are intimidating yet the authors in International Law in the Era of Climate Change provide a rich, insightful, timely and multidisciplinary roadmap that can be used to understand not only the current solutions but also the need for greater progress in the development and evolution of international law, whether incrementally or substantially, to ensure greater peace and security in a climate-changed world.’
– Avnita Lakhani, City University of Hong Kong

‘This volume offers an original and thought-provoking analysis of the impact of climate change across international law. The book convincingly shows how the legal regulation of climate change has affected the content and structure of international law as a whole. A must-read for everyone interested in current challenges to international law.’
– Wouter G. Werner, VU University Amsterdam, the Netherlands

‘UN Secretary-General Ban Ki-moon has called climate change “the defining issue of our era”. It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.’
– David Freestone, George Washington University, US

Contributors

Contributors: J. Brunnée, M.-C. Cordonier Segger, E. Crawford, A. Edwards, M.W. Gehring, C. Gray, J. Hepburn, E. Hey, K. Hulme, S. Humphreys, R. Lefeber, F. Lyall, A. Naudé Fourie, H.M. Osofsky, R. Rayfuse, C. Redgwell, S.V. Scott

Contents

Contents:

Preface

PART I: SETTING THE SCENE
1. Mapping the Impact of Climate Change on International Law
Rosemary Rayfuse and Shirley V. Scott

PART II: THE IMPACT OF CLIMATE CHANGE ON SUBSTANTIVE REGIMES OF INTERNATIONAL LAW
2. Climate Change and International Human Rights Law
Stephen Humphreys

3. Climate Change and International Refugee Law
Alice Edwards

4. Climate Change and International Trade and Investment Law
Markus W. Gehring, Marie-Claire Cordonier Segger and Jarrod Hepburn

5. Climate Change and International Environmental Law
Catherine Redgwell

6. Climate Change and the Law of the Sea
Rosemary Rayfuse

7. Climate Change and Space Law
Francis Lyall

8. Climate Change and International Humanitarian Law
Karen Hulme

9. Climate Change and the Law on the Use of Force
Christine Gray

PART III: THE IMPACT OF CLIMATE CHANGE ON INTERNATIONAL LEGAL PRINCIPLES AND PROCESSES
10. Climate Change and Statehood
Emily Crawford and Rosemary Rayfuse

11. Participation in Climate Change Governance and its Implications for International Law
Ellen Hey and Andria Naudé Fourie

12. Climate Change and Compliance and Enforcement Processes
Jutta Brunnée

13. Climate Change and State Responsibility
René Lefeber

14. Climate Change and Dispute Resolution Processes
Hari M. Osofsky

Index