This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over 20 international scholars from developing and developed countries, Climate Law and Developing Countries tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, Climate Law and Developing Countries makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. Climate Law and Developing Countries originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. Climate Law and Developing Countries is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.
1. Introduction: Climate Law and Developing Countries Benjamin J. Richardson, Yves Le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood
PART I: CLIMATE JUSTICE
2. Climate Change, Differentiated Responsibilities and State Responsibility: Devising Novel Legal Strategies for Damage Caused by Climate Change Sumudu Atapattu
3. India's Constitutional Challenge: A Less Visible Climate Change Catastrophe Deepa Badrinarayana
4. Promoting Justice within the International Legal System: Prospects for Climate Refugees Angela Williams
5. Climate Change and Indigenous Peoples in the South Pacific: The Need for Regional and Local Strategies Eric Kwa
PART II: EXPANDING THE SCOPE OF THE CLIMATE CHANGE LEGAL REGIMES
6. Supporting Adaptation in Developing Countries at the National and Global Levels Jolene Lin
7. Designing a REDD Mechanism: The TDERM Triptych Claire Stockwell, William Hare and Kirsten Macey
8. The Role of Marine 'Forests' and Soils as Carbon Sinks: Enhanced Bio-Sequestration as a Mitigation Strategy to Help Avoid Dangerous Climate Change Robert Fowler
9. Adaptation to Climate Change to Save Biodiversity: Lessons Learned from African and European Experiences Saja Erens, Jonathan Verschuuren and Kees Bastmeijer
PART III: THE CLEAN DEVELOPMENT MECHANISM AND MITIGATION STRATEGIES
10. The Deadlock of the Clean Development Mechanism: Caught between Sustainability, Environmental Integrity and Economic Efficiency Christina Voigt
11. Beautifying Africa for the Clean Development Mechanism: Legal and Institutional Issues Considered Damilola S. Olawuyi
12. Policy and Legal Dimensions of CDM Projects in the Forestry Sector: Implications for Climate Change Mitigation and Adaptation in Uganda Emmanuel B. Kasimbazi
13. Brazilian Policy on Biodiesels: A Sound Means of Mitigating Climate Change? Solange Teles da Silva and Carolina Dutra
PART IV: CLIMATE POLICY BRIDGING THE NORTH AND SOUTH
14. Improving Citizen Responsibility in the North and its Consequences for the South: Voluntary Carbon Offsets and Government Involvement Marjan Peeters
15. Climate and Trade in a Divided World: Can Measures Adopted in the North End Up Shaping Climate Change Legislative Frameworks in the South? Francesco Sindico
16. Climate Change in the European Union Development Cooperation Policy Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois
Index