Dispute Resolution and Climate Change: The Paris Agreement and Beyond

No. @778E

ISBN : 978-92-842-0406-9

Climate Change is a global issue that demands a multinational approach to change. "Climate change justice" demands that those individuals who will be disproportionately affected by climate change, and who are least equipped to deal with its effects, must be protected by fair access to legal mechanisms to help them. 

This publication brings together articles from 18 international dispute resolution lawyers who explore ways in which climate changes issues may be factored into existing processes and systems of international dispute resolution, in particular international arbitration. 

Topics covered: 

  • challenges and opportunities presented by climate change for international dispute resolution lawyers 
  • existing contractual climate change obligations and commitments incorporated in international contractual agreements 
  • how the enforcement mechanisms of the Paris Agreement are interpreted in light of international law are to be given effect by states and by non-state actors 
  • Retrospective from Cop 12 demonstrating the extent of the now urgent challenge facing the international community 

 

Code ISBN : 978-92-842-0406-9
Number of pages : 125
Publishing date : 2017
Language : English
Format in cm : N/A
  1. Introduction
  2. IBA Task Force on Climate Change Justice and Human Right
  3. Adopting and Adapting Arbitration for Climate Change-Related Disputes
  4. Update on the IBA Task Force on Climate Change Justice and Human Rights
  5. Specific Concerns for Less Developed Nation States and Small Island Nations
  6. OECD’s Bribery and Corruption Regime as a Model for Climate Change?
  7. ICC Sustainability Principles and Factors that Encourage Corporations to Invest in Sustainability
  8. Overview of Private Contractual Obligations Relating to Environmental Protection in International Investment Contracts
  9. Green Climate Fund and Its Role in Promoting and Funding Sustainable Investment
  10. Contractual Requirements for Environmental Compliance in Agreement with State and State Entities in Arbitration
  11. Balancing the State’s Duty to Protect the Environment with Its Obligations toward Foreign Investors
  12. Trends in Investment Chapter/BIT Drafting to Address Environmental Protection
  13. Experiences from International Courts and Tribunals
  14. The Role of Arbitration involving Non-State Actors in Making the FCCC Work
  15. The Progressive Approach and the Paris Agreement
  16. Potential Substantive Claims Arising Out of UNFCCC (Urgenda and Beyond) and Challenges Ahead
  17. Exploration of Other International Fora for Legitimacy and Enforceability
  18. 10 Years Back - Post COP12

Wendy Miles

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