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11. Precaution in International Environmental Law and Precautions in the Law of Armed Conflict

Author:
Michael Bothe
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The protection of the environment in relation to armed conflict, in particular during armed conflict is a complex problem as it involves at least two different fields of international law, the law of armed conflict (international humanitarian law) and international environmental law. Their mutual relationship is a delicate issue. International humanitarian law is not necessarily lex specialis. Three principles deserve particular attention in this connection: as to general international environmental law, the principle of prevention and the precautionary principle, as to international humanitarian law the duty to take precautions. The terms prevention and precaution are used in different contexts in environmental law (both national and international) and in the law of armed conflict. The duty, imposed by international humanitarian law, to take precautions has much in common with, but must be distinguished from, the precautionary approach of general environmental law. This paper shows what these principles mean and how they relate to each other. It answers the question to what extent the rules based on these concepts are effective in restraining environmental damage being caused by military activities. The application of these principles in peace and war serves intergenerational equity and is thus an important element of sustainable development.
Topic:
Environment, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Global Focus

12. Scoping NATO's environmental security agenda

Author:
Michael Ruhle
Publication Date:
03-2020
Content Type:
Policy Brief
Institution:
NATO Defense College
Abstract:
Environmental change is increasingly recognized as one of the major factors that will shape the global security environment. According to most experts, rising global temperatures will lead to rising sea levels and cause more extreme weather events, such as storms, flooding, droughts and wildfires. The firestorms that engulfed parts of Australia in late 2019 and early 2020, burning an area the size of Belgium and Denmark combined, and severely decimating that continent's wildlife, were a stark reminder of the force of these changes.
Topic:
Security, NATO, Climate Change, and Environment
Political Geography:
Global Focus

13. Building the Banking Sector’s Capacity for Green Infrastructure Investments for a Low-Carbon Economy

Author:
Takashi Hongo and Venkatachalam Anbumozhi
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
The construction of green infrastructure, using advanced technology and retiring inefficient technology, is essential for the low-carbon transition. Various green infrastructure programs are being implemented, and banks play an important role in facilitating these programs. Many lessons have been learned in improving finance for green infrastructure: (i) measurement, reporting, and verification is a useful tool for identifying green infrastructure investment; but just reduction is not enough for Green Infrastructure and three requirements – carbon dioxide emission reductions, improving energy access, and contributions to sustainable economic growth – connected with the Sustainable Development Goals are necessary; (ii) banks can contribute to realising a positive cycle of cost reduction and diffusion of advanced technology for reducing costs by scaling up markets; and (iii) carbon pricing is essential for removing carbon externalities and making green infrastructure commercially viable. Banks are recommended to have long-term strategies, improve their capacity for scenario analysis, have more dialogue with industry, and develop innovative finance such as carbon markets. Governments are recommended to adopt carbon pricing to encourage finance for green infrastructure.
Topic:
Climate Change, Energy Policy, Environment, Infrastructure, Green Technology, Renewable Energy, and Banking
Political Geography:
Global Focus

14. The Development of Environmental Legislation through Procedural Means and the Right of Participation

Author:
Ilgın Özkaya Özlüer
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Rather than recommending “new” means to be established for the first time in terms of Turkish legislation, “The Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters” (“The Aarhus Convention”, in short) will ensure that already existing procedural means that implement rights such as the right to information, the right of participation and the right to environment are compatible with international networks. In this sense, the Aarhus Convention is the body of “procedural means” that is clearing the path to establishing a participatory public administration that can transform the aforementioned rights into effective tools for their beneficiaries, to assist in the creation of an egalitarian, transparent and effective administration and a new public order facilitating the social integration of disadvantaged groups like the elderly, the youth, women, children and immigrants.
Topic:
Civil Society, Environment, Governance, Legislation, Accountability, Urban, Transparency, and Sustainability
Political Geography:
Global Focus

15. Green Growth, Just Transition and Decent Works in the Context of Sustainable Development and Combating Climate Change

Author:
Cigdem Tugac
Publication Date:
10-2020
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
Traditional economic growth models damage natural resources to which humanity depends, causing important environmental, social and economic problems, especially climate change. Today, it is understood by countries that a new growth approach should be applied in order to ensure the sustainable use of scarce natural resources, combatting negative effects of climate change and reduce poverty while realizing economic development. The view that environmentally friendly investments aren’t cost effective is changing and countries want to take advantage of the opportunities offered by green growth. However, this process also requires a just transition. The aim of this study is to evaluate green growth, just transition and decent work concepts in the context of sustainable development and combatting climate change. In the study, it is concluded that if green growth and just transition processes are well managed, they provide significant opportunities for realizing UN-SDGs, combatting climate change and the creation of decent works.
Topic:
Climate Change, Environment, Poverty, Natural Resources, and Sustainable Development Goals
Political Geography:
Global Focus

16. Freshwater as a Global Commons: International Governance and the Role of Germany

Author:
Elke Herrfahrdt-Pähle, Waltina Scheumann, Annabelle Houdret, and Ines Dombrowsky
Publication Date:
01-2019
Content Type:
Special Report
Institution:
German Development Institute (DIE)
Abstract:
Water is essential for all life on earth and is a key prerequisite for attaining many of the Sustainable Development Goals (SDGs). Many countries, however, suffer from physical water scarcity, a lack of access to a safe water supply and sanitation, water pollution or hydrological extremes (droughts and floods) due to climate change. The generality and severity of water problems lead many to speak of a global water crisis. While this crisis mostly manifests at the local or in some cases transboundary level, two global issues are often overlooked. First, global trends such as climate change and the spread of water-intensive consumption and trade patterns are key triggers that cannot be addressed at the local level alone. Second, the aggregation of local or regional water problems may add up to a universal threat to sustainable development. In the face of current challenges, (fresh) water should be conceptualised as a global common good, and global water governance should contribute to improving its protection. This study reveals that the current global water governance architecture is a highly fragmented and incoherent regime consisting of numerous norms, paradigms and actors, each covering single aspects of global water governance. Given the diversity of issues, a “classical” formation of one comprehensive international water regime in the form of a framework convention, and equipped with a specific global governance institution (such as for climate stability, biological diversity or the prevention of desertification) has so far not emerged. The authors suggest a global water governance regime that could evolve from the improved interplay of the existing elements of global water governance (i.e. norms, targets, paradigms and actors). This could be complemented by two innovations at UN level: installing an Intergovernmental Body on Water allowing for mandated decisions on water in the UN system, and a Scientific and Practice Panel on Water improving the science-policy interface. Such an approach that combines global norms and joint guidelines to be adapted to local contexts and needs may be able to increase urgently needed political support for governing water as a global commons, beyond the nation-state interests and their perception of water resources as sovereign goods.
Topic:
Environment, Water, Governance, and Sustainable Development Goals
Political Geography:
Europe, Germany, and Global Focus

17. Not All that Glitters Is Gold: An Analysis of the Global Pact for the Environment Project

Author:
Géraud de Lassus Saint-Genliês
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Global Pact for the Environment (GPE) is a draft treaty prepared in 2017 by a French think tank, Le Club des Juristes, which aims at strengthening the effectiveness of international environmental law (IEL) by combining its most fundamental principles into a single overarching, legally binding instrument. In May 2018, the United Nations General Assembly (UNGA) adopted Towards a Global Pact for the Environment, a resolution that established an intergovernmental working group to discuss the necessity and feasibility of adopting an instrument such as the GPE, with a view to making recommendations to the UNGA. As the working group nears its final session, scheduled for May 20–22, 2019, this paper discusses the extent to which codifying the fundamental principles of IEL into a treaty could increase the problem-solving effectiveness of environmental governance. The analysis suggests that the added value of the proposed GPE (or any such instrument) may not be as evident as what its proponents argue. The paper also highlights the fact that the adoption of such an instrument could generate unintended consequences that would hinder the development of more effective environmental standards in the future.
Topic:
Climate Change, Development, Environment, and United Nations
Political Geography:
Global Focus

18. What Is a Climate Response Measure? Breaking the Trade Taboo in Confronting Climate Change

Author:
James Bacchus
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Trade has become a taboo topic in climate negotiations on the implementation of the Paris climate agreement. This must change. The nexus between trade and climate change must be addressed in the climate regime. In particular, a definition is needed that will clarify the meaning of a climate “response measure.” Without a definition provided by climate negotiators, the task of defining which national climate measures are permissible and which are not when they restrict trade while pursuing climate mitigation and adaptation will be left to the judges of the World Trade Organization. To avoid a collision between the climate and trade regimes that will potentially be harmful to both, the ongoing deliberation on response measures in the climate regime must be reframed by ending the climate taboo on trade.
Topic:
Climate Change, Environment, International Trade and Finance, and World Trade Organization
Political Geography:
Global Focus

19. Designing High-seas Marine Protected Areas to Conserve Blue Carbon Ecosystems: A Climate-essential Development?

Author:
Cameron S. G. Jefferies
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The high seas are a critical biodiversity reservoir and carbon sink. Unfortunately, the oceans, generally, and the high seas, in particular, do not feature prominently in international climate mitigation or climate adaptation efforts. There are, however, signals that ocean conservation is poised to occupy a more significant role in international climate law and policy going forward. This paper argues that improved conservation and sustainable use of high-seas living marine resources are essential developments at the convergence of climate action and ocean governance that should manifest, at least in part, as climate-informed high-seas marine protected areas.
Topic:
Climate Change, Environment, Water, Maritime, and Conservation
Political Geography:
Africa, Europe, Asia, South America, Australia, North America, and Global Focus

20. Governance of Marine Geoengineering

Author:
Kerryn Brent, Will Burns, and Jeffrey McGee
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
After more than two decades of UN negotiations, global greenhouse gas emissions continue to rise, with current projections indicating the planet is on a pathway to a temperature increase of approximately 3.2°C by 2100, well beyond what is considered a safe level. This has spurred scientific and policy interest in the possible role of solar radiation management and carbon dioxide removal geoengineering activities to help avert passing critical climatic thresholds, or to help societies recover if global temperatures overshoot expectations of safe levels. Marine geoengineering proposals show significant diversity in terms of their purpose, scale of application, likely effectiveness, requisite levels of international cooperation and intensity of environmental risks. This diversity of marine geoengineering activities will likely place significant new demands upon the international law system to govern potential risks and opportunities. International ocean law governance is comprised of a patchwork of global framework agreements, sectoral agreements and customary international law rules that have developed over time in response to disparate issues. These include maritime access, fisheries management, shipping pollution, ocean dumping and marine scientific research. This patchwork of oceans governance contains several bodies of rules that might apply in governing marine geoengineering activities. However, these bodies of rules were negotiated for different purposes, and not specifically for the governance of marine geoengineering. The extent to which this patchwork of rules might contribute to marine geoengineering governance will vary, depending on the purpose of an activity, where it is conducted, which state is responsible for it and the types of impacts it is likely to have. The 2013 amendment to the London Protocol on ocean dumping provides the most developed and specific framework for marine geoengineering governance to date. But the capacity of this amendment to bolster the capacity of international law to govern marine geoengineering activities is limited by some significant shortcomings. Negotiations are under way to establish a new global treaty on conservation of marine biodiversity in areas beyond national jurisdiction, including new rules for area-based management, environmental impact assessments and capacity building/technology transfer. A new agreement has the potential to fill key gaps in the existing patchwork of international law for marine geoengineering activities in high-seas areas. However, it is also important that this new treaty be structured in a way that is not overly restrictive, which might hinder responsible research and development of marine geoengineering in high-seas areas.
Topic:
Climate Change, Environment, International Law, United Nations, Green Technology, and Geoengineering
Political Geography:
Global Focus