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Peter H Sand

This article begins with an assessment of an elderly wildlife-related treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES), and explains both how the convention was originally designed and how its Parties managed to develop it in innovative ways not envisaged by the original drafters. The article then turns to an assessment of the effectiveness of the convention in the modern world, and how an enforcement regime based on trade embargoes has been developed. This success, at least measured by indicators such as length of time it takes for states subject to sanctions to fall back into compliance, aside, the article then proceeds to question effectiveness as measured by indicators with less ‘high face validity’. Through close analysis of the history of trade embargoes, it is demonstrated that by and large it is developing countries that have been the subjects of sanctions under CITES. In view of recent enforcement issues (illustrated by current whaling in the North Pacific), the article concludes by highlighting the quality of trust which, it is argued, is a critical requirement that must underpin the international regime if there is to be true legitimacy and, ultimately, credibility.

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Edited by Ed Couzens and Tim Stephens

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Kerryn Anne Brent

The customary law duty to prevent significant transboundary harm and harm to the global commons (‘no-harm’ rule) has developed considerably since it was first enunciated in the 1938/1941 Trail Smelter arbitration. This article reflects on this development and analyses what implications the 2015 Certain Activities case has for existing understandings of the no-harm rule. The International Court of Justice (ICJ)'s judgment provides greater clarity concerning procedural obligations flowing from the no-harm rule by establishing a positive obligation to ascertain risk and a sequence in which procedural obligations arise. However, it raises questions concerning the nature of the substantive obligation under the no-harm rule. Specifically, whether breach of the substantive obligation is subject to establishing that an activity has resulted in significant transboundary harm. The ambiguity in the Certain Activities case highlights the need to further clarify and develop the content of the no-harm rule to better enable it to contribute to the governance of contemporary transboundary and global environmental problems.

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Preface

Challenges and Opportunities

Edited by K. N. Ninan and Makoto Inoue

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Introduction

Challenges and Opportunities

K.N. Ninan and Makoto Inoue

Climate change poses a great challenge to governments, societies and entities. This chapter discusses the need for building climate resilience, approaches for building climate resilience and the challenges and opportunities for building resilience to address the risks posed by climate change. It then discusses issues related to vulnerability, adaptation and resilience, sectoral perspectives, incentives, institutions, REDD+, local climate finance, and climate policy.

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Foreword

Challenges and Opportunities

Sir Robert T. Watson

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Abbreviations and acronyms

Challenges and Opportunities

Edited by K. N. Ninan and Makoto Inoue

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Peter J. Glynn, Timothy Cadman and Tek N. Maraseni

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Peter J. Glynn, Timothy Cadman and Tek N. Maraseni

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Mary Jane Angelo

This chapter serves as an introduction to the issues associated with agriculture and climate change and provides context for the other chapters in the volume. It describes how, although a wide range of ideas and perspectives are presented in the volume, several common themes emerge. Climate change and agriculture are part of a complex web of science, law and policy, which extends from the global scale to the smallholder. Agriculture is a significant contributor to climate change and thus should be considered part of the solution, as well as part of the problem. Consequently changes to agricultural systems that reduce GHG emissions, sequester carbon or put land to use in ways that reduce overall atmospheric carbon can be important tools for climate change mitigation. Conversely agriculture in general and food security in particular, will suffer serious adverse impacts from climate change even with mitigation measures in place. Accordingly agricultural adaptation strategies targeted at agricultural production will be critical to ensuring food security in the future. Because of the pervasive complexity and uncertainty regarding climate change impacts on agriculture, it will be important to ensure that any adaptation efforts employ systems approaches aimed at building resiliency in agricultural production as well as in the entire agricultural value chain. In many cases resilient agricultural systems are comprised of both mitigation and adaptive elements. Thus building more resilient systems will have benefits in reducing the adverse effects of climate change as well as adapting to the inevitable effects that will occur. Although climate change will result in adverse impacts throughout the globe, disproportionate impacts will be felt by the poorest and most vulnerable populations. Regions of the developing world face the greatest threats to food security. Mitigation and adaptation strategies, including regulatory and financial policies must include measures to ensure greater food security for poor and vulnerable populations. This volume provides a number of proposals for climate change mitigation and adaptation aimed at providing food security for a growing population in an era of dramatic changes to the global environment. Key Words: food security, climate change, agriculture, resilience, adaptation, mitigation