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Federalism is ostensibly misplaced to mitigate climate change as a global public concern as it is prone to import the … and procedures of Swiss federalism, this article attempts to provide a more nuanced assessment of the relationship between … laws designed to mitigate climate change and federalism. It seeks to demonstrate that federalism may support effective …
Persistent link: https://www.econbiz.de/10013226851
This Article examines the shape of things to come in the overlapping realm of federalism and preemption. It questions … whether and to what extent notions of federalism shape how federal law - or the absence of it - preempts states from taking …. Part One explains how federalism principles have shaped responses to climate change. It observes how allowing states to …
Persistent link: https://www.econbiz.de/10014214592
States and regional organizations have been in the forefront of programs to address climate change in the United States. The Supreme Court's decision in Massachusetts v. Environmental Protection Agency means that a strong federal response is now also inevitable. Expeditious implementation of a...
Persistent link: https://www.econbiz.de/10014210078
Climate litigation is a broad term that captures cases involving both conventional and novel causes of actions and remedies.This chapter focuses on cases seeking to force stronger actions by public and private entities to reduce carbon pollution of the atmosphere.The treatment is necessarily...
Persistent link: https://www.econbiz.de/10014357102
Industrialised countries are often required to make unpopular policy choices in order to efficiently tackle climate change. On the one hand, domestic industries might consider national climate measures as an excessive burden that may damage their competitiveness. On the other hand, the public...
Persistent link: https://www.econbiz.de/10012773460
Given the close physical interconnections between the ocean and climate change, should the legal regimes governing them be more closely tied? Could climate change law do more to address ocean issues and, if so, in what ways? The chapter argues that, in general, the current division of labor...
Persistent link: https://www.econbiz.de/10012831126
This chapter (Chapter 7 of Advocating Social Change through International Law) explores the evolution of the commitments to reduce greenhouse gases under the global climate change regime and the associated struggle with whether these mitigation commitments should be binding. Although in theory...
Persistent link: https://www.econbiz.de/10012832995
Global concerns about the growing climate change phenomenon and its consequences for the environment and human activities continues to pose a challenge for policy makers at the domestic and international levels, environmental groups and communities most affected by rising sea level and other...
Persistent link: https://www.econbiz.de/10012896136
Climate policies have often focused on the role of State as a regulator. Meanwhile, their role as leading economic actors, especially as shareholders and investors, has been neglected. State-owned enterprises control significant shares of economic sectors which are central to a carbon-intensive...
Persistent link: https://www.econbiz.de/10012901718
Since the Kyoto Protocol, black carbon and other non-gaseous short lived climate pollutants (SLCPs) have played little role in global climate policy making. Over the past ten years, however, there has been an increasing recognition in the climate science literature of their importance for the...
Persistent link: https://www.econbiz.de/10012916089