By Kati Kulovesi, Michael Mehling, Erkki J. Hollo (auth.), Erkki J. Hollo, Kati Kulovesi, Michael Mehling (eds.)
Climate swap and the Law is the 1st scholarly attempt to systematically tackle doctrinal matters concerning weather legislations as an emergent criminal self-discipline. It assembles one of the most famous specialists within the box to spot appropriate tendencies and customary issues from numerous geographic perspectives.
In a remarkably short while span, weather swap has turn into deeply embedded in vital components of the legislations. As a world problem calling for collective motion, weather switch has elicited monstrous rulemaking on the overseas airplane, percolating in the course of the broader criminal approach to the local, nationwide and native degrees. greater than different components of legislations, the normative and useful framework devoted to weather swap has embraced new tools and softened conventional barriers among formal and casual, private and non-private, important and procedural; so ubiquitous is the succeed in of appropriate principles these days that students oftentimes dedicate consciousness to the intersection of weather swap and extra proven fields of felony learn, akin to foreign exchange law.
Climate switch and the Law explores the wealthy variety of overseas, local, nationwide, sub-national and transnational felony responses to weather switch. Is weather legislations rising as a brand new felony self-discipline? if this is the case, what shared goals and ideas outline it? How does weather legislation relate to different parts of legislations? Such questions lie on the center of this new publication, whose thirty chapters disguise doctrinal questions in addition to quite a number thematic and nearby case experiences. As Christiana Figueres, government Secretary of the United countries Framework conference on weather switch (UNFCCC), states in her preface, those chapters jointly supply a “review of the emergence of a brand new self-discipline, its middle ideas and felony recommendations, and its courting and strength interplay with different disciplines.”
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24 Jan Tinbergen, On the Theory of Economic Policy (Amsterdam: North Holland, 1952). 25 Organization for Economic Cooperation and Development (OECD), Instrument Mixes for Environmental Policy (Paris: OECD, 2007), at 27. 26 William A. Knudson, “The Environment, Energy, and the Tinbergen Rule”, Bulletin of Science, Technology & Society (2008), at 308. 27 Martin L. pdf (last accessed on 15 June 2011), at 8–10. 28 Richard B. Stewart, “Instrument Choice”, in Daniel Bodansky et al. (eds), Oxford Handbook of International Environmental Law (Oxford: Oxford University Press, 2007), 147–181, at 159.
Conflicts can also follow from divergent regulatory approaches, notably when conventional rules based on state intervention and “command and control” meet flexible policies based on the price signals of functioning markets and other financial incentives. An example for such colliding traditions can be seen in the relationship of emissions trading and many conventional ambient pollution control regimes, as the former relies on market forces to guide the standard of technology in participating installations, while the latter, in turn, tend to force rigid performance standards and emission ceilings on each individual operator.
Part I Climate Law as an Emerging Discipline Chapter 2 Implementing Climate Governance: Instrument Choice and Interaction Michael Mehling Abstract At all levels of regulation, the legal response to both causes and impacts of climate change has shifted away from a segmented array of isolated measures and initiatives on specific aspects of global warming, such as policies to manage energy demand or promote research on sustainable alternatives, to an increasingly sophisticated network of regulatory standards, market mechanisms, and other innovative approaches.