Category Archives: Complexity

Environmental Technologies, Intellectual Property and Climate Change (ed. Abbe E. L. Brown)

Editor

Abbe E.L. Brown

Keywords

development studies, law and development, environment, climate change, innovation and technology, technology and ict, academic law, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights

Abstract

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.

1. Low carbon futures for all? Strategic options for global availability of environmental technologies 29 Keith Culver

2. The puzzling persistence of the intellectual property right/climate change relationship 59 Navraj Singh Ghaleigh

3. Failure is not an option: enhancing the use of intellectual property tools to secure wider and more equitable access to climate change technologies 84 Jon P. Santamauro

4. Partnership and sharing: beyond mainstream mechanisms 108 Anna Davies

5. Public–private partnerships for wider and equitable access to climate technologies 128 Elisa Morgera and Kati Kulovesi

6. Climate change, technology transfer and intellectual property rights: a modest exercise in thinking outside the box 152 Krishna Ravi Srinivas

7. Access to essential environmental technologies and poor communities: why human rights should be prioritized 181 Oche Onazi

8. Achieving greater access: a new role for established legal principles? 198 Abbe E.L. Brown

9. The ‘new normal’: food, climate change and intellectual property 223 Baskut Tuncak

10. Intellectual property: property rights and the public interest 249 James McLean

11. A view from inside the renewable energy industry 265 Mervyn D. Jones

12. A private institutional investment perspective 271 David A. McGrory

Citation

2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.

Paper

Environmental Technologies, Intellectual Property and Climate Change

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Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy (A. Grear)

Author

Anna Grear

Keywords

Climate justice, climate injustice, co-option, critique, legal subjectivity, corporate juridical privilege, legal complicity, human rights, critical reflexivity

Abstract

The recent high-level emergence of ‘climate justice’ in the normative and policy discourse addressing the social and legal aspects of climate change is welcome. However, certain dangers of co-option face the concept as it gains institutional traction. Drawing on a critical theoretical reading of the patterns of climate injustice and their relationship with liberal legal subjectivity (and with the related themes of the politics of dis/embodiment, corporate juridical privilege, (neo)colonialism and the highly uneven structure of globalized world order), this article argues that ‘climate justice’ is more likely to sustain the necessary resistive critical energies if informed by critical legal reflection on historical and contemporary patterns of climate injustice, particularly as they emerge in relation to the privileged trope of liberal legal subjectivity and the juridical privileging of the corporate form. Future policy directions indicated by the analysis are briefly introduced.

Citation

(2014) 0 Journal of Human Rights and the Environment 103-133

Publication

Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy

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Making Treaties Work: Human Rights, Environment and Arms Control (G. Ulfstein et al)

Editors

Publication edited by Geir Ulfstein, Thilo Marauhn and Andreas Zimmerman Thilo.

Keywords

International environmental law, international human rights, international arms control, procedure, Aarhus Convention, complexity

Abstract

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

Citation

Geir Ulfstein, Thilo Marauhn and Andreas Zimmerman Thilo (eds) Making Treaties Work: Human Rights, Environment and Arms Control (CUP, New york, 2007)

Publication

Making Treaties Work: Human Rights, Environment and Arms Control

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Global environmental change and migration: Governance challenges (K. Warner)

Author

Koko Warner

Keywords

Environmentally induced migration, Governance, Complexity, Climate adaptation, Resilience

Abstract

Claims have been made that global environmental change could drive anywhere from 50 to almost 700 million people to migrate by 2050. These claims belie the complexity of the multi-causal relationship between coupled social–ecological systems and human mobility, yet they have fueled the debate about “environmentally induced migration”. Empirical evidence, notably from a 23 case study scoping study supported by the European Commission, confirms that currently environmental factors are one of many variables driving migration. Fieldwork reveals a multifaceted landscape of patterns and contexts for migration linked to rapid- and slow-onset environmental change today. Migration and displacement are part of a spectrum of possible responses to environmental change. Some forms of environmentally induced migration may be adaptive, while other forms of forced migration and displacement may indicate a failure of the social–ecological system to adapt. This diversity of migration potentials linked to environmental change presents challenges to institutions and policies not designed to cope with the impacts of complex causality, surprises and uncertainty about social–ecological thresholds, and the possibility of environmental and migration patterns recombining into a new patterns. The paper highlights fieldwork on rapid- and slow-onset environmentally induced migration in Mozambique, Vietnam, and Egypt. Current governance frameworks for human mobility are partially equipped to manage new forms of human mobility, but that new complementary modes of governance will be necessary. The paper concludes with challenges for governance of environmentally induced migration under increasing complexity, as well as opportunities to enhance resilience of both migrants and those who remain behind.

Citation

(2010) 20(3) Global Environmental Change 402-413

Paper

Global environmental change and migration: Governance challenges

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Respecting nature? (J. Connelly)

Author

James Connelly

Keywords

Jurisprudence;Environment;Environmental protection; Ethics

Abstract

Analyses whether the concept of “respect” can be applied to nature and the environment. Focuses on Paul Taylor’s book, “Respect for Nature”, in which he argues for an extension of respect to include plants and animals. Raises concerns over Taylor ‘s concept of nature, asking whether all living things have the same inherent worth. Suggests an alternative approach in the form of “care respect”.

Citation

(2006) 12(1) Res Publica 97-108

Paper

Respecting nature?

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