Category Archives: Justice

Recent Developments in Australian Climate Change Litigation (T. Bach and J. Brown)

Author(s)

Tracey Bach ( Vermont Law School , USA )
Justin Brown ( Vermont Law School , USA )

Keywords

Climate change, climate change litigation, Australia and climate change, environmental statutes and climate change, greenhouse gases, intergenerational accountability, coal

Abstract

Professor Bach and co-author Justin Brown chart new developments in climate change litigation in Recent Developments in Australian Climate Change Litigation: Forward Momentum From Down Under. Even though Australia is the fourth largest coal producer and the largest emitter of greenhouse gases on a per capita basis, record drought conditions and a new prime minister elected in the world’s first climate change election have created the conditions for a new view of climate change. In the past five years, Australian conservation foundations have spearheaded a grassroots movement to use the courts as a tool for climate change reform. This article explores several major recent decisions, analyzing how key environmental statutes have been interpreted to require recognition of global and intergenerational accountability for Australia’s coal industry.

Citation

(2008) 9 Sustainable Development Law & Policy 39-44

Paper

Recent Developments in Australian Climate Change Litigation: Forward Momentum from Down Under

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Fairness in International Climate Change Law and Policy (F. Soltau)

Author

Friedrich Soltau

Keywords

Fairness, science of climate change, energy challenge, development, international climate change regime, theoretical aspects, equity and fairness; proposals for future climate policy

Abstract

This work analyses fairness and equity dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. Based on an overview of science and the development of the climate regime to date, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the hitherto intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change – grounded in practical developments and illustrated with reference to the latest developments – can add value to our understanding of current developments and future options for international climate law and policy.

• Brings together theoretical insights and a thorough discussion of the practice and development of international climate change law and policy • Provides a fresh perspective that differs from the standard analysis of the legal and policy communities

Citation

Friedrich Soltau, Fairness in International Climate Change Law and Policy ( CUP , US /UK 2009)

Book

Fairness in International Climate Change Law and Policy

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Beyond Environmental Law: Policy Proposals… (A.C. Flournoy & D.M. Driesen)

Editor(s)

Alyson C. Flournoy ( University of Florida , USA )
David M. Driesen ( Syracuse University , USA )

Keywords

National Environmental Legacy, procedural reform; ecologies of restoration, resilience, and reconciliation, citizen science, next generation, environmental law, the constitution, climate change, federalism, technological change, environmental patriotism

Abstract

This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law’s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

Proposes bold ambitious reforms designed to make law more environmentally protective and suggests how we could reinforce the concept of sustainability • Goes beyond the second generation reforms that promoted more cost-benefit analysis and reliance on market mechanisms in the United States • Seeks to take advantage of market creativity and advanced information processing capacity in new and creative ways

Citation

Alyson C. Flournoy and David M. Driesen, Beyond Environmental Law: Policy Proposals for a Better Environmental Future (CUP, New York 2010)

Book

Beyond Environmental Law: Policy Proposals for a Better Environmental Future

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Stifling environmental dissent: On SLAPPS and GUNNS (R. White)

Author

Rob White

Keywords

Environmental issues, public participation, social activists, civil litigation

Abstract

This article discusses the use of civil litigation by companies against social activists as a means to stifle full public participation around environmental issues. Drawing on a recent Australian example, it demonstrates how the targeting of such legal action simultaneously defines the ‘successful’ corporate enemy in the same moment that it constitutes an attack on democratic debate. Read in a certain way, therefore, such writs provide interesting indicators of ‘good practice’ in activist movements — insofar as they publicly identify those parties most threatening to (and thus successful in challenging) corporate interests. The discussion provides insight into what could be seen as effective types of social movement work, while not precluding the need for vigorous defence of those engaged in such activities.

Citation

(2005) 30 Alternative Law Journal

Paper

Stifling environmental dissent: On SLAPPS and GUNNS

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Bringing Together Labor Standards, Environment, & Human Rights (M.J. Smith & P. Pangsapa)

Author(s)

Mark J. Smith and Piya Pangsapa

Keywords

Environment, global society, politics, gender, corporations, environmental movements

Abstract

As writers, campaigners and academics, Pangsapa and Smith seek to explore how ideas can make a difference in politics, gender, global society and the environment. With a focus on the politics behind social responsibility, this book separates itself from the competition by exploring voluntary initiatives and their effect on corporate behaviour. As per the reviewer, while most CSR books focus only on success stories, this book clearly intends to give us both successes and failures. It will fill an important gap in the literature on CSR by its focus on what is actually happening on the ground with respect to CSR an analysis that must, as the authors do, critically examine the effectiveness of various CSR initiatives. This strategically important book on civic engagement highlights the increased relevance of responsibility, obligations and duties for a range of political agencies, including intergovernmental bodies, states, NGOs, labour and environmental movements, private corporations, communities and academics.

Citation

Mark J. Smith and Piya Pangsapa, Responsible Politics: Bringing Together Labor Standards, Environment, and Human Rights in the Global Corporate Economy (Palgrave Macmillan, 2011)

Book

Responsible Politics: Bringing Together Labor Standards, Environment, and Human Rights in the Global Corporate Economy

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