Routledge Handbook of Climate Law and Governance

Marie-Claire Cordonier Segger, PhD (ad eund, Cantab), DPhil (Oxon), MEM (Yale), BCL & LLB (McGill), BA Hons (Carl/UVic) FRSC FRSA WIJA holds the Chair in Sustainable Development Law and Policy at the University of Cambridge, as Law Fellow, Director of Studies and Programme Director in Lucy Cavendish College. She also serves as Senior Director of the Centre for International Sustainable Development Law (CISDL), Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC) Climate Law and Governance Initiative and Vice-President of the International Law Association (ILA) of Canada, among others. As former senior legal advisor to the International Development Law Organization, the UNFCCC Presidency and other intergovernmental organizations, treaty bodies and governments, as well as editor/board of several law journals and book series, she has published over 26 books and 160 papers on law, policy and sustainable development including climate change, and is a co-recipient of the Climate Law and Governance Global Leadership Award, as well as laureate of the Justicia Fundamentum Regnorum, the Weeramantry International Justice Award (WIJA) and other distinguished honours. Christina Voigt, PhD (Oslo), LLM.Env. (Auckland), Rechtswissenschaft (Passau and Munich), is full Professor of Law at the Department of Public and International Law, University of Oslo, Norway, and chair of the IUCN World Commission of Environmental Law and Member of the IUCN Council. Author of numerous academic articles, a monograph, and several edited volumes including Non-Compliance Mechanisms versus International Courts, Research Handbook on REDD+ and International Law and Rule of Law for Nature , she holds the inaugural Junior Scholarship Prize of the IUCN Academy of Environmental Law among other distinguished awards and honours. She has served the Norwegian government as lead negotiator on REDD+ and as principal legal advisor in the UN climate negotiations; negotiating, inter alia, the Paris Agreement and its Rulebook. She has served co-facilitator for the negotiations on the rules for the Paris Agreement´s implementation and compliance committee (PAICC). In 2019, she was elected by the first meeting of the Parties to the Paris Agreement as a member of PAICC and currently serves as inaugural Co-Chair of the PAICC.

Foreword

Acknowledgements

Abbreviations

List of Treaties

Table of Cases

List of Contributors

1 Introduction

Marie-Claire Cordonier Segger, Christina Voigt, Lydia Young and Zunaida Moosa Wadiwala

PART I The Challenge of Global Climate Change and Sustainable Development

2 The Urgency of Global Response to Climate Change

Ayman Cherkaoui and Zunaida Moosa Wadiwala

3 Climate Courage, Contributions and Compliance in the Context of the UN Sustainable Development Goals

Marie-Claire Cordonier Segger

4 The UNFCCC, the Paris Agreement and Legal Obligations for Climate Action

Christina Voigt and Lydia Young

PART II Courage in Advancing International Law on Climate Change for Sustainable Development

5 Advancing Climate Action in Trade, Investment and Financial Agreements

Markus W. Gehring & Emily Morison

6 Exploring Nature-Based Solutions to Climate Change in International Law

Jorge Cabrera Medaglia & Lydia Young

7 Linking International Human Rights Law and Climate Change

Sumudu Atapattu

8 Promoting Access to Information, Public Participation and Justice on Climate Change

Valentina Durán & Ignacio Sánchez González

9 Navigating High Seas Biodiversity and Climate Change

Cassie Lumsden, Zhen Sun, and Marie-Claire Cordonier Segger

10 Climate-Induced Migration: Legal and Health Implications

Avidan Kent and Maya Prabhu

PART III Contributions to Increasing Ambition on Climate Change through Law

11 Legal Creativity and Private Financing to Implement the Paris Agreement in the United Kingdom

Megan Bowman & Emily Webster

12 Scaling up Paris Agreement Implementation through Climate Law in International Water Law Regulations with Special Focus on Europe

Alexandra Harrington & Barbara Janusz-Pawletta

13 Law and Governance Contributions to Energy Transitions in Latin America

Margarita Nieves-Zárate

14 Legal Aspects of Achieving the Just Transitions in Poland

Magdalena Stryja, Agnieszka Bielska-Brodziak & Tomasz Pietrzykowski

15 Legal and Governance Contributions to Climate Ambition through REDD+ in Francophone African Countries

Erick Kassongo

16 Legal Contributions to Climate Action through Oceans and Marine Resources Stewardship in Small Island States

Freedom-Kai Phillips, Alexandra Harrington & Elizabeth Nwarueze

17 Legal and Governance Challenges for the Implementation of NDCs in Morocco, Jordan and Tunisia

Hassan Agouzoul, Afef Hammami-Marrakchi, Abdelnaser Zeyad Hayajneh, Markus W. Gehring & Gwyneth Boone

18 Legal Contributions to Incentivising Investment for Paris Agreement Adaptation and Resilience in Ukraine

Oleksandr Diachuk, Mariia Stolbova, Markus W. Gehring & Gwyneth Boone

19 Legal and Governance Response to Loss & Damage in Bangladesh & Zambia

M. Hafijul Islam Khan & Pamela Towela Sambo

PART IV Compliance and Implementation of the Paris Agreement through International Legal Innovation

20 Operationalizing the Paris Agreement Implementation and Compliance Committee (PAICC)

Christina Voigt

21 Submitting Mandatory Reports under the Paris Agreement Transparency Framework

Christopher Campbell-Duruflé & Raúl Salas Reyes

22 Operationalizing Article 6 of the Paris Agreement

Michael A. Mehling

23 Incentivising International Finance for Net Zero Paris Agreement Implementation

Wendy Miles KC & Douglas Leys KC

24 Advancing Paris Agreement Alignment in International Financial Institutions

Hyfa Azeez, Thomas M. Clark, Vesselina Haralampieva, Christina Pak and Michael Strauss

25 Exploring Low Carbon and Energy Efficient Procurement as a Tool for Paris Agreement Implementation

Jellie Molino

26 Regulating the Disclosure of Climate-Related Finance Risks

Professor Marie-Claire Cordonier Segger, Lara Douvartzidis and David Gayle

27 Examining Litigation Aspects of Nationally Determined Contributions

Amelia Burnette, Kate McKenzie & Francesco Sindico

PART V Conclusions & Future Directions for Climate Law & Governance

28 Achieving Increased Ambition through International Tribunals

Rosa M. Fernández Egea & Pau de Vilchez Moragues

29 Prioritising Gender Law & Policy Aspects of Climate Action

Anusheh Fawad

30 Exploring the Potential of the Paris Agreement to Decolonize International Law

Mrinalini Shinde

31 Addressing Human Mobility in International Law on Climate Change and Beyond

Cosmin Corendea & Chhaya Bhardwaj

32 Advancing the Legal Research, Capacity and Awareness for Climate Law and Governance

Marie-Claire Cordonier Segger, Christina Voigt & Tejas Rao

Index