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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Debating Climate Law

Edited by: Benoit Mayer, Alexander Zahar

ISBN13: 9781108793827
Published: April 2023
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £27.99
Hardback edition , ISBN13 9781108840156



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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.

Subjects:
Environmental Law
Contents:
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