Research Handbook on Climate Disaster Law
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Research Handbook on Climate Disaster Law

Barriers and Opportunities

Edited by Rosemary Lyster and Robert R.M. Verchick

Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
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Chapter 3: The evolving nature of sovereignty in the context of climate change

Christine Bakker

Abstract

Recent developments, ranging from Brexit to states’ withdrawal from international agreements or the International Criminal Court, point to a renewed reliance on state sovereignty to justify unilateral action. This chapter examines how the principle of sovereignty has influenced the international response to climate change, including climate disasters as expressed in the 2015 Paris Agreement, and considers whether this principle itself needs to be reconsidered to better respond to current global challenges. It concludes that in order to balance the needs of sovereignty with the needs of human survival, “hybrid” solutions like the Paris Agreement, combining ambitious common goals with some flexibility for states regarding their achievement, are the best attainable — albeit not sufficient -— option at this time.

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