The Impact of Climate Change Law on the Principle of State Sovereignty over Natural Resources

Name: The Impact of Climate Change Law on the Principle of State Sovereignty over Natural Resources
Brand: Nomos
Price: 119.2 EUR
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Sanita van Wyk(Autor*in)

Nomos (Verlag)

1. Auflage

Erschienen am 5. September 2017

383 Seiten

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Inhalt

Cover
CHAPTER 1: Introduction
1 1 Background to research question
1 2 Research question
1 3 Hypotheses
1 4 Research objectives and assumptions
1 5 Research design and methodology
1 6 Chapter overview
CHAPTER 2: The principle of sovereignty over natural resources
2 1 Introduction
2 2 Foundation of the principle of sovereignty over natural resources
2 3 Legal nature of the principle of sovereignty over natural resources
2 4 Objects of the principle of sovereignty over natural resources
2 4 1 Identifying key terminology
2 4 2 Natural resources
2 4 2 1 Definition of natural resources
2 4 2 2 Possibility of climate as a natural resource
2 4 2 3 Classification of natural resources
2 4 2 3 1 Classifying natural resources according to renewability and non-renewability
2 4 2 3 2 Classifying natural resources according to location
2 4 3 Natural wealth
2 4 4 Economic activities
2 5 Subjects of the principle of sovereignty over natural resources
2 5 1 Ambiguity in UNGA resolutions and instruments of international law
2 5 1 1 Introduction
2 5 1 2 UNGA resolutions
2 5 1 3 Instruments of international law
2 5 2 States as the subjects of the principle of sovereignty over natural resources
2 5 2 1 Meaning of states
2 5 2 2 Permanency as an attribute of state sovereignty
2 5 2 3 State sovereignty
2 5 2 3 1 Introduction
2 5 2 3 2 Brief overview of the development of sovereignty
2 5 2 3 3 International environmental law as a limitation of sovereignty
i Introduction
ii Continued existence of sovereignty
iii Denial or criticism of sovereignty
iv Erosion of sovereignty
v The principle of sovereignty over natural resources and global climate justice
2 5 3 People as the subjects of sovereignty over natural resources
2 5 3 1 Meaning of people
2 5 4 Final note on the subjects of the principle of sovereignty over natural resources
2 6 Reinterpreting and reconfiguring the principle of sovereignty over natural resources as a means to combat climate change
2 7 Conclusion
CHAPTER 3: The international legal climate change regime and the question of whether the gravity of climate change warrants a reinterpretation and reconfiguration of the principle of sovereignty over natural resources
3 1 Introduction
3 2 Nexus between climate change and the principle of sovereignty over natural resources
3 3 Defining the international legal climate change regime
3 3 1 Definition of climate change
3 3 2 Definition of regime
3 4 Scientific basis of climate change: linking activity in terms of sovereignty over natural resources with greenhouse gas emissions
3 4 1 Link between greenhouse gas emissions and climate change
3 4 2 Anthropocentric activity in terms of sovereignty over natural resources and the resulting increase in a specific greenhouse gas emission
3 4 2 1 Carbon dioxide and anthropocentric activity
3 4 2 2 Methane and anthropocentric activity
3 4 2 3 Nitrous oxide and anthropocentric activity
3 4 2 4 Fluorinated gases and anthropocentric activity
3 5 Illustrating the gravity of climate change in terms of its environmental, social and economic impacts on the well-being of people
3 5 1 Introduction
3 5 2 Understanding the term 'well-being'
3 5 3 Well-being of people as an objective of the international legal climate change regime and as an objective of the principle of sovereignty over natural resources
3 5 4 Environmental effects of climate change on the well-being of people
3 5 5 Social effects of climate change on the well-being of people
3 5 6 Economic effects of climate change on the well being of people
3 6 Development of the international legal climate change regime: pre-United Nations Framework Convention on Climate Change
3 6 1 Introduction
3 6 2 The emergence of climate change as an intergovernmental issue and the international legal climate change regime as a state-centric regime
3 6 3 Targets and timetables negotiations
3 7 The United Nations Framework Convention on Climate Change as the cornerstone of the international legal climate change regime and the embedding of the principle of sovereignty over natural resources
3 7 1 Introduction to the United Nations Framework Convention on Climate Change
3 7 2 Principles of the international legal climate change regime
3 7 2 1 Principle of equity
3 7 2 2 Principle of common but differentiated responsibility
3 7 2 2 1 The principle
3 7 2 2 2 The problem with the principle of common but differentiated responsibility as illustrated by the example of China and the United States of America
3 7 2 3 Precautionary principle
3 7 2 4 Polluter-pays principle
3 7 2 5 Principle of sustainable development
3 7 3 Conference of the parties
3 7 4 Response to climate change
3 7 4 1 Mitigation of climate change
3 7 4 1 1 Introduction
3 7 4 1 2 Example of a mitigation strategy: United Nations Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries
3 7 4 2 Adaptation to climate change
3 8 The Kyoto Protocol and the effectiveness of the international legal climate change regime
3 8 1 Introduction
3 8 2 Market-based mechanisms of the Kyoto Protocol
3 8 2 1 Introduction to international emissions trading
3 8 2 2 Joint implementation mechanism
3 8 2 3 Clean development mechanism
3 8 2 4 Registry of Kyoto units acquired through market-based mechanisms
3 8 3 Effectiveness of the Kyoto Protocol
3 8 3 1 Overall effectiveness of the Kyoto Protocol and the possible movement towards a people-based solution
3 8 3 2 Reporting as a component of an effective international legal climate change regime
3 8 3 3 State compliance as a component of an effective international legal climate change regime
3 8 3 3 1 Compliance provisions in the Kyoto Protocol and the inadequate repercussions of non-compliance
3 8 3 3 2 Increasing compliance with the Kyoto Protocol and the principle of sovereignty over natural resources as a negative incentive
3 9 The Paris Agreement
3 9 1 Introduction
3 9 2 Outline of differentiation between countries and nationally determined contributions in the Paris Agreement
3 9 3 Market-based mechanism of the Paris Agreement
3 9 4 Future outlook on the effectiveness of the Paris Agreement and the position of the principle of sovereignty over natural resources
3 10 Conclusion
CHAPTER 4: The reinterpretation and reconfiguration of the principle of sovereignty over natural resources and the expansion of the means to combat climate change
4 1 Introduction
4 2 Rights and duties of states in terms of the principle of sovereignty over natural resources and the impact of climate change
4 2 1 Introduction to the rights and duties of states in terms of the principle of sovereignty over natural resources
4 2 2 Rights of states in terms of the principle of sovereignty over natural resources and the impact of climate change
4 2 2 1 Right to dispose freely of, explore, and exploit natural resources
4 2 2 2 Right to exercise effective control over natural resources and the right to receive appropriate compensation
4 2 2 3 Right to use natural resources for national development
4 2 2 4 Right to manage natural resources according to national environmental policy
4 2 2 5 Right to an equitable share in benefits of transboundary natural resources
4 2 2 6 Rights pertaining to foreign investment
4 2 2 6 1 Introduction to and delineation of rights (and duties) pertaining to foreign investment
4 2 2 6 2 Rights pertaining to the regulation and exercise of authority over foreign investment
4 2 2 6 3 Rights pertaining to the taking of property and the payment of compensation
4 2 2 6 4 Possible right pertaining to the settlement of disputes on the basis of national law
4 2 3 Duties of states in terms of the principle of sovereignty over natural resources and the impact of climate change
4 2 3 1 Duty to exercise sovereignty over natural resources for national development and the well-being of people
4 2 3 2 Duty to cooperate in respect of international development
4 2 3 3 Duty of conservation and sustainable use of natural resources
4 2 3 4 Duty to share transboundary natural resources equitably
4 2 3 5 Duty to respect international law
4 2 4 Final remarks on the rights and duties of states in terms of sovereignty over natural resources, and the shift in environmental attitudes owing to the effects of climate change
4 2 5 Increased importance of the common concern as an indicator of the growing importance of the duties of states in terms of the principle of sovereignty over natural resources
4 3 Reinterpreting and reconfiguring the rights of people in terms of the principle of sovereignty over natural resources
4 3 1 Introduction
4 3 2 People's rights in terms of the principle of sovereignty over natural resources
4 3 2 1 Introduction to people's rights in terms of the principle of sovereignty over natural resources
4 3 2 2 Right to economic self-determination
4 3 2 3 Human rights and the right to economic self-determination
4 3 3 Application of the right to economic self-determination
4 3 3 1 Introduction
4 3 3 2 Application of economic self-determination by indigenous people
4 3 3 3 Growing possibilities of the application of economic self-determination in the context of foreign investment
4 4 Expanding the means to combat climate change through people's rights in terms of the principle of sovereignty over natural resources
4 4 1 Introduction and initial steps for people-based action in holding states accountable for climate commitments
4 4 2 People-based action against the state in terms of the Oslo Principles on Global Climate Change
4 4 3 Urgenda case and general movement toward people-based climate change litigation
4 5 Conclusion
CHAPTER 5: Conclusion
5 1 Remarks on the original research objectives and hypotheses
5 2 Areas of future research
5 3 Chapter summaries and outline of research outcomes
5 3 1 Chapter 2: The principle of sovereignty over natural resources
5 3 2 Chapter 3: The international legal climate change regime and the question of whether the gravity of climate change warrants a reinterpretation and reconfiguration of the principle of sovereignty over natural resources
5 3 3 Chapter 4: The reinterpretation and reconfiguration of the principle of sovereignty over natural resources and the expansion of the means to combat climate change
5 4 Recommendations
Bibliography
Case law
International instruments and legislation
Seminars, lectures and presentations
UNGA resolutions and other resolutions or decisions
Online media

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