Debating Climate Law

An innovative volume that covers all the common topics of climate law currently debated in the global academic community.

Benoit Mayer (Edited by), Alexander Zahar (Edited by)

9781108840156, Cambridge University Press

Hardback, published 24 June 2021

380 pages
23.6 x 15.8 x 3.2 cm, 0.83 kg

What role could or should the law play in dealing with the climate emergency? In this innovative volume, leading scholars explore fundamental debates at the frontier of climate change law scholarship. They address the key areas of scholarly disagreement about what climate change law is, the legal rules it consists of, and how these rules could be implemented in the real world. The first eleven topics are debated by teams of scholars expressing diametrically opposite points of view on each topic, in traditional debating style; the last seven chapters are presented as an individual author's own reflection on a topic that cannot readily be reduced to a binary debate. Each chapter is written in an accessible and thought-provoking way, emphasizing clear lines of argumentation. The debating-style format is designed to stimulate students to think critically and logically about the law and to fire up debate in and out of class.

Introduction Benoit Mayer and Alexander Zahar
Debate 1. Customary law Sandrine Maljean-Dubois and Christopher Campbell-Duruflé
Debate 2. The ILC's role Peter H. Sand and Géraud de Lassus St-Geniès
Debate 3. CBDR principle Daria Shapovalova and Thomas Leclerc
Debate 4. Compliance Meinhard Doelle and Anna Huggins
Debate 5. Climate litigation Cinnamon Piñon Carlarne and Guy Dwyer
Debate 6. Human rights Nicola Pain and Fanny Thornton
Debate 7. Historical responsibility Sarah Mason-Case, Julia Dehm and Alexander Zahar
Debate 8. Climate migration Ingrid Boas and Calum TM Nicholson
Debate 9. Negative-emission technologies Gareth Davies, Duncan McLaren and Wil Burns
Debate 10. Solar radiation management Jesse L. Reynolds and Kerryn Anne Brent
Debate 11. Climate assessment Benoit Mayer and Alexander Zahar
Reflection 1. Adaptation Benoit Mayer
Reflection 2. Loss and damage Alice Venn
Reflection 3. Disappearing states Ori Sharon
Reflection 4. Climate finance Yulia Yamineva
Reflection 5. Non-state actors Mikko Rajavuori
Reflection 6. Regime inconsistency Olivia Woolley
Reflection 7. Aesthetics Benjamin J. Richardson
Conclusion Benoit Mayer and Alexander Zahar
Index.

Subject Areas: Human geography [RGC], International environmental law [LBBP], Public international law [LBB], Law [L], International relations [JPS]