Climate Change Law Research Articles

Legal Framework and Practical Challenges of Bangladesh Environmental Legislation: A Critical Examination of Climate Change Adaptation, Environmental Judiciary, and Enforcement

The article critically analyses Bangladesh’s environmental legal framework, emphasizing climate change adaptation, ecological tribunals, and obstacles to implementation. The study adds three new ideas. First, it offers an innovative framework for the efficiency of Bangladesh’s environmental courts, indicating that institutional constraints and procedural complexity are the main ecological matters that are successfully resolved. Second, it presents a comparative study of climate change laws in South Asian countries, showing that, although Bangladesh’s legal system is extensive, it lacks efficient enforcement compared to its neighbors. Third, it identifies previously undocumented barriers through environmental court judges, legal practitioners, and affected communities.

On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea

IntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) to address climate change, emphasizing the role of the marine environment in this context.MethodsThis study conducts a comprehensive analysis of the Advisory Opinion and examines its implications for China’s existing climate change legal framework. The analysis identifies key challenges, including expanded legal responsibilities, the harmonization of international law with domestic legislation, and the increased risk of international climate litigation for domestic enterprises.ResultsThe Advisory Opinion establishes a higher standard for China’s legislative response to climate change, necessitating the integration of its international obligations into its domestic legal framework. Key findings reveal gaps in China’s current legal system and emphasize the need for proactive measures to align with international standards.DiscussionTo address these challenges, the paper proposes several recommendations: developing a comprehensive legal framework for climate change, reinforcing due diligence obligations, establishing a robust climate monitoring and assessment system, and enhancing the capacity of domestic enterprises to handle international climate litigation. These measures aim to position China as a proactive contributor to global climate governance.ConclusionThe study provides valuable insights for advancing China’s climate change law and aligning it with the international legal framework. The proposed measures serve as essential guidance for China to assume greater responsibility and influence within the global climate legal system.

The ITLOS advisory opinion on climate change: Revisiting the relationship between the United Nations convention on the law of the sea and the Paris agreement

AbstractThe International Tribunal for the Law of the Sea (ITLOS) has issued its highly anticipated Advisory Opinion on Climate Change and International Law, following a request from the Commission of Small Island States on Climate Change and International Law (COSIS). The landmark Advisory Opinion elucidated numerous contentious issues around the interplay between the climate change and the law of the sea regimes. This article critically examines the ITLOS Advisory Opinion with respect to the relationship between the Paris Agreement and the United Nations Convention on the Law of the Sea (UNCLOS), contextualising them within the extensive academic and political discourse preceding the Opinion. In particular, the lex specialis question is brought into sharper focus. The Tribunal rejected the notion that the Paris Agreement is lex specialis with respect to climate change impacts on the ocean and clarified the nexus between adaptation measures and the overarching obligation to protect and preserve the marine environment. The analysis reveals that the Advisory Opinion conveys a generally critical view of the Paris Agreement, and may, despite its imposition of far‐reaching obligations upon States to mitigate marine pollution from greenhouse gases, inadvertently undermine global efforts to combat climate change. However, by articulating concrete legal obligations for States under the UNCLOS to prevent, control and reduce marine pollution from greenhouse gas emissions, the Advisory Opinion could further strengthen the legal foundations for domestic and international climate change litigation and elevate the profile of the oceans in global climate change negotiations.

Perubahan Iklim dalam Perspektif Regulasi dan Kebijakan Lingkungan di Indonesia

Indonesia is currently faced with significant environmental problems stemming from industrial activities, deforestation, and peatland burning, which substantially increase greenhouse gas emissions and accelerate environmental degradation. This paper aims to analyze an extensive review of the literature related to regulations and policies on climate change, within international and national legal frameworks. The paper also further explores significant advances in environmental law related to climate change, covering issues such as human rights, climate litigation, and the obligations of sovereign states and corporate entities. The method used in this research is a qualitative research method based on the Integrated Literature Review (ILR) approach, which focuses on the intrinsic logic and coherence of legal documents in general. The results of the analysis show that a legal perspective is increasingly important in addressing climate change, given that laws, treaties and regulations can take a central role in mitigating and adapting to the impacts of climate change. Specifically, climate change law encompasses a wide array of legal instruments and mechanisms at the international, national, and local levels, all of which aim to reduce greenhouse gas (GHG) emissions, increase climate resilience, and promote climate justice. In conclusion, this study, climate change has emerged as an urgent global challenge that requires legal and regulatory interventions at various levels. In addition, the legal perspective plays an important role in explaining the roles and responsibilities of the state, individuals, communities, and the private sector in the field of climate change mitigation and adaptation. As a recommendation to strengthen climate policy in Indonesia, it is imperative to advocate for legal reforms that are responsive to international advancements and improve the capacity of the judiciary in handling environmental litigation, thereby facilitating effective implementation of climate change law.

Examining legal tools in encouraging the achievement of net zero emission: A way forward for Indonesia

Abstract Legal instruments in the context of climate change function to encourage all actors to reduce greenhouse gas emissions through advanced efforts, one of which is the use of technology and other Low Carbon policies. The Indonesian Government’s current advanced efforts through policies include building the largest solar power plant in Southeast Asia, tax exemptions on electric vehicles, and the implementation of carbon trading as a form of organising the economic value of carbon integrated in the forestry and energy sectors to achieve net zero emissions. Some other challenges occur such as the policy gap in Indonesia and innovation and knowledge in the development of technology transfer results. Based on the results of the policy instrument analysis, this research encourages a progressive legal future for sustainable development goals in Indonesia in the form of a special climate change law and a special agency that includes the achievement of targets to reduce greenhouse gas emissions.

Protecting the climate through EU supply chain legislation? Two critiques and a compromise

Abstract Climate change law faces a serious implementation problem. New instruments promoted by states from the Global North to address the implementation gap come from the sphere of trade and supply chain regulation. This article focuses on corporate climate due diligence legislation and its potential contribution to fulfilling the objectives outlined in the Paris Agreement. By examining the EU’s legislative process towards adopting a Corporate Sustainability Due Diligence Directive (CSDDD), it explores various approaches to regulating the climate impacts of corporations, including along global supply chains. The article critiques both the ultimately adopted climate transition planning requirement and the European Parliament’s alternative proposal, which aimed to incorporate climate mitigation into the general due diligence framework of the Directive but was unsuccessful. It applies two overarching critiques, termed ‘not enough’ and ‘regulatory imperialism’, to the specific context of corporate climate due diligence. Although these critiques may initially appear contradictory, the article endeavours to reconcile them through a compromise approach that fosters greater participation, integrates measures to mitigate impacts on self-determination, and specifies the obligations imposed on corporations regarding climate mitigation. Finally, the article discusses the idea of a decentralised enforcement regime and highlights the importance of regulation in states of the Global South to achieve a truly planetary legal order on corporate climate accountability.

The pursuit of environmental justice: the adjudicative role of advisory opinions of creating obligations on States in respect of climate change

Currently, there are pending requests for advisory opinions regarding State obligations on climate change before both the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). Additionally, the International Tribunal for the Law of the Sea (ITLOS) recently issued its advisory opinion on Climate Change and International Law on 21 May 2024. This article aims to compare these requests, analysing their contextual backgrounds and the extent of States’ involvement in the advisory proceedings. The aim is to examine the jurisdictional scope and future prospects of the proceedings before the two courts and the tribunal by exploring the distinct normative, practical and political strategies shaping each request. Furthermore, the article assesses how these factors influence the framing of the requests for advisory opinions and shape the contributions received by interested States. By providing a holistic analysis of these legal interpretations, the author evaluates the potential impact of the aforementioned opinions on the future behaviour of States and the development of international law. Ultimately, this analysis aims to inspire the progress of strategic climate change litigation and inform about potential enhancements in the interpretation and development of future international agreements.

Telling Meaningful Stories About Climate Change and Public Law

Telling Meaningful Stories About Climate Change and Public Law

Functional Analysis of VOX's Climate Crisis Discourse on Twitter/X

The climate crisis stands as one of the foremost threats to humanity, demanding urgent measures to reduce greenhouse gas emissions. Despite its critical nature, climate policy has become a contentious issue, intensified by ineffective communication strategies and polarized public discourse. Social media platforms have become significant arenas for opinion formation, often exacerbating misinformation and public harassment. This research employs the Functional Theory of Discourse to analyze on the Spanish far-right party Vox's discourse on the social media platform X (formerly Twitter) regarding environmental policies. A total of 91 posts from Vox's official account and its leader, Santiago Abascal, were analyzed over six months, from September 2022 to February 2023. The posts were categorized based on their discursive functions: acclaims, attacks, and defenses, with further subcategorization into policy and character appeals. The analysis reveals that Vox's communication strategy balances attacks and acclaims. Attacks primarily targeted the Spanish government and international bodies like the European Union, using themes of dishonesty, incompetence and opposition to climate measures. Acclaims highlighted Vox's proposals for energy sovereignty, opposition to the Climate Change and Energy Transition Law and leadership qualities. Therefore, Vox’s discourse on environmental policies is characterized by simplicity and a dual focus on attacks and acclaims. Their messaging promotes nationalistic and conservative ideals, positioning themselves against progressive and environmentalist ideologies. This strategy of polarization and confrontation, aided by multimedia elements, effectively engages their audience but poses challenges for democratic debate and the implementation of effective climate policies. Future research should explore the implications of such discursive strategies on public opinion and policy-making.

Islamic Legal Perspectives on Climate Change and Global Policy Frameworks

This article explores the intersection of climate change and Islamic law, analyzing how Sharia principles may enhance and support global environmental policies. The study aims to address the urgent need for ethical frameworks in environmental action by examining Islamic jurisprudence’s approach to stewardship (Khilafah), justice (Adl), and protection for vulnerable populations. Using a comprehensive literature review and case studies, this research investigates the relevance of Islamic law and international legislation on climate change. Islamic principles offer unique perspectives on environmental governance that prioritize equity and communal responsibility, bridging gaps in existing global policy frameworks. Findings reveal that integrating Sharia-based ethics can promote more inclusive and justice-oriented climate policies. This integrative approach underscores the potential of Islamic legal principles to strengthen and diversify international climate action, contributing to more equitable and effective solutions. By incorporating Islamic legal concepts, this study provides insights into developing a robust, ethical foundation for global climate governance.

Renewable energy and energy justice in the Middle East: international human rights, environmental and climate change law and policy perspectives

Abstract The concept of energy justice is now a divisive issue throughout the world. Clean energy is becoming increasingly unavailable to a large portion of the population. Against this backdrop, this article explores the legal aspects of renewable energy and energy justice in three major, traditionally energy-rich countries representing the Middle East: the Kingdom of Saudi Arabia (KSA), Iran, and Iraq. It critically evaluates these countries’ legal challenges of renewable energy and energy justice. The research found that renewable energy is becoming more necessary for sustainable development and resilience to climate change. Natural resource abundance, increasing energy use, and a commitment to global climate change goals all pose unique challenges and opportunities for countries in the Middle East region. From international human rights, environmental, and climate change law perspectives, this article analyses the current regulatory processes and legislative frameworks aimed at increasing the use of renewable energy sources and ensuring energy justice. Renewable energy in the Middle East has been influenced by regional initiatives, international treaties, and national legislation, all of which are examined in detail.

The Trend of Changes in the Differentiation in Climate Change Law: Towards Intensifying, Not Weakening

Abstract The differentiation between developing and developed countries has been one of the central issues in the climate change legal regime from the beginning. Although there is a consensus among countries regarding the CBDR-RC as the basis for differentiation, the developing countries have always emphasized the first part of the principle, the responsibility of the developed countries based on equity, and in contrast, the developed countries have focused on the second part, the capability of countries to deal with climate change. Due to this contrast between approaches, the differentiation in the evolutionary process of the climate change regime has always been very volatile, from the UNFCCC to the Paris Agreement. The question arises as to what direction the differentiation has gone and what path it will take. This research shows that the movement toward specialization, pragmatism, and flexibility indicate differentiation is going towards strengthening, and the attempt to weaken or gradually eliminate it will most likely lead to the meaningless participation of developing countries and ultimately the ineffectiveness of the regime. To achieve equitable differentiation along with global participation in the future, two-stage differentiation can be applied. In the first step, the differentiation should be applied between developed and developing countries based on an equitable approach to changing responsibility, and in the second step, sub-differentiation should be applied between the developing countries themselves based on national economic-environmental circumstances such as capability and vulnerability. In this case, differentiation will be considered an opportunity and catalyst instead of a threat and an obstacle.

Vulnerability, climate laws, and adaptation in the Middle East and North Africa

AbstractLaws aimed at tackling climate change problems have grown significantly in the last two decades. Following this global trend and under pressure from international institutions and lenders, both rich, oil exporting (i.e., major greenhouse gas [GHG] emitters) and poor, non‐oil rich (i.e., mostly vulnerable nations with lower shares of emission) states in the Middle East and North Africa have hastened to adopt new laws and regulations to mitigate and/or adapt to climate change. The question remains, however, does the adoption of these laws have any measurable impact on these nations' climate change performance? That is, to what degree do these laws have an impact on greenhouse gas emissions or adaptation capacity and readiness? Utilizing a panel data of 660 country‐year observations (22 countries over 30 years), our cross‐national statistical analysis shows that while climate change laws seem to have an impact on GHG emissions, they have so far failed to boost these nations' adaptation capacity. Our case study shows that oil politics and basic development objectives seem to be the key to this failure.

The Function of OPEC in International Climate Change Law: the Route Taken to COP 28 and the Route Ahead

Abstract Since the consumption of fossil fuels is the main source of GHGs emissions and consequently climate change, the approach of OPEC to climate change is very important. The recent position of OPEC regarding the proposal to phasing out fossil fuels at COP 28 in 2023 showed how significant its approach can be in the evolution process of this regime. The question is what function OPEC has had and should have in the evolution of the climate change law. The results of this research show that in the first encounter of OPEC with the issue, due to the inherent conflict of the economic interests of member states with the goals of the climate change regime, it adopted an obstructive approach. But gradually, due to the global acceptance of the regime and comprehensive consensus regarding the scientific certainty of the threats of climate change, OPEC, reluctantly and inevitably, adjusted its former opposite position to some extent through its active participation in climate negotiations. However, in light of the increasing trend of GHGs emissions by the member states, which indicates the inability of OPEC to align the practice of its members with the goals of climate change, and the recent strong position of OPEC regarding the elimination of fossil fuels in COP 28, concerns have been raised about the future function of OPEC in the climate change legal regime. To play a constructive role in the future and use the available opportunities to reduce the climate change damage to the interests of the member countries over the long term, it should adopt initiatives such as functional changes and integration of climate issues into its strategies and projects in member states to be a supportive partner in the fight against climate change.

A Survey of Climate Change Law in the United Kingdom

Abstract A detailed summative statement of the law of climate change in the United Kingdom has yet to be brought together in the legal literature. This article fills the gap by drawing UK climate change law together into an article-length outline. The law is current to 4 July 2024, when the British Conservative Party, which had been in government for fourteen consecutive years, lost to Labour in a general election.

Request for an Advisory Opinion Submitted by the Commission of Small Island States on Climate Change and International Law, Case 31

Abstract On 21 May 2024, the International Tribunal on the Law of the Sea (ITLOS) delivered a ground-breaking and authoritative advisory opinion on States’ obligations under Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC). After confirming its jurisdiction over the request, ITLOS ruled that greenhouse gas emissions cause ‘deleterious effects on the marine environment’ and therefore constitute pollution under the LOSC. ITLOS explained the relationship between obligations under the LOSC and climate law and clarified the due diligence nature of the LOSC obligations to prevent marine pollution and to protect the marine environment.

Legal Systems and Loss & Damage at the Ocean-Climate Nexus: a Tribute to Meinhard Doelle

Abstract In 2021, the Research Handbook on Climate Change Law and Loss & Damage was published. Co-edited by myself and my late colleague Meinhard Doelle, the Handbook seeks to clarify the need for legal systems, both within and beyond the climate regime, to evolve so as to fairly and equitably address climate loss and damage claims. The Handbook considers the challenges of legal remedy for climate loss & damage from the perspectives of public international law and domestic, transnational, and private international law. While loss & damage at the ocean-climate nexus is implicit in many chapters, this contribution will reflect explicitly on how the lessons from the Handbook could apply at the ocean-climate nexus, with reference to the London Convention and Stockholm Declaration at fifty, developments at COP 28, and the Advisory Opinion on Climate Change before the International Tribunal for the Law of the Sea.

Climate Legal Mobilization Under the New Aarhus Regulation

AbstractThe present contribution seeks to provide an empirical overview of how the amended internal review mechanism established under the EU Aarhus Regulation is currently being deployed by civil society organizations to mobilize EU climate change law. This Article argues that the 2021 reform of the Aarhus Regulation has broadened the legal opportunity structure available to environmental organizations, which can now challenge a much broader set of EU administrative acts. However, this contribution holds that the internal review mechanism is being used strategically by environmental NGOs with the intention to contest - even before the EU judiciary - not only EU administrative acts, but also broader policy arrangements, representing the legal infrastructure of the EU ecological transition. In this regard, the Aarhus internal review mechanism can now be considered a real scientific dispute settlement forum, where NGOs and EU institutions can confront each other and disagree on the way scientific evidence is taken into account in the EU policymaking. Finally, the new specific features of the internal review mechanism are truly empowering only those organizations owning the necessary legal and technical expertise, allowing such NGOs to act as credible scientific interlocutors of the EU institutions on behalf of the wider public.

Integrating Climate Change into Global Ocean Governance: The ITLOS Advisory Opinion on the Specific Obligations of State Parties to the United Nations Convention on the Law of the Sea

Climate change is having a significant impact on small island states and the adaptation to climate change is likely to become increasingly critical as the phenomenon intensifies. Despite growing attention to the effects of climate change on small island states, substantive progress remains limited. In order to obtain more multi-dimensional solutions for the climate crisis, the Commission of Small Island States on Climate Change and International Law submitted a request for an Advisory Opinion from the International Tribunal for the Law of the Sea on 12 December 2022. After going through written proceedings, oral proceedings, etc., the tribunal delivered a unanimous Advisory Opinion in this Case on 21 May 2024. The replies to two questions may mark the beginning of a new era for incorporating climate change into global ocean governance.

STUDY OF THE ADVISORY OPINION OF THE INTERNATIONAL COURT OF THE LAW OF THE SEA REQUESTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW

On May 21, 2024, the International Tribunal for the Law of the Sea issued its advisory opinion in the context of the issues submitted for opinion by the Commission of Small Island States on climate change and international law; This opinion constitutes a foundational reference for international law regarding the obligations of States in environmental matters and the fight against Climate Change in the seas and oceans. This study analyzes several elements that arise from the ruling, such as the jurisdiction of the Court; the applicability of various international law instruments beyond those on climate change; and, the establishment of marine protected areas as an ideal tool for the fight against Climate Change in accordance with international treaties on the Law of the Sea and Environmental Matters.