Search

There is the urgency in finding solutions to this global problem and this requires bold actions from governments, the private sector and civil societies. This paper conducts an x-ray of political questions relating to climate change issues. This can be achieved by making departure from the provisions of section 6(6)(c) of the Nigerian Constitution by proactive interpretation of sections 13, 14(2), 20 and Item 60(a) of the Exclusive Legislative List of the said Constitution. The philosophical underpinning of this preposition is to enable the courts avoid injustice and absurdity in addressing claims for loss and damages linked to climate change induced impacts. [ABSTRACT FROM AUTHOR]

This paper considers the existence and use of disaster risk management laws across the Commonwealth. It commences by considering approaches to risk management and disaster response. It reviews international and regional disaster law, policy and tools. The paper examines national disaster risk management laws through the lens of a typology of laws, based on the complexity and scope of the disaster risk reduction and response system. It makes recommendations for Commonwealth countries relating to review of disaster laws, implementation of international frameworks, and the inclusion of disaster risk reduction, recovery, climate change, quality standards and the prevention of sexual and gender-based violence in disaster laws. [ABSTRACT FROM AUTHOR]

The United Nations Framework Convention on Climate Change mandates parties to prepare for adaptation to climate change. This is of direct relevance to the management of wildlife. Climate change is likely to alter and/or expand the habitats of wildlife and may make the conditions within existing habitat ranges unsuitable for the continued existence of a species. Of necessity, efficacious adaptation must attempt to address this likelihood. Using New Zealand as a case study, this paper considers the range of present legal instruments that might be utilized within that nation to manage the movement of wildlife and identifies any lacunas that should be addressed. The conclusions will be of interest to any nation wishing to protect wildlife from the adverse effects of climate change. [ABSTRACT FROM AUTHOR]

A defendant turned off an oil pipeline argued and used the common law defence of necessity. The Court permitted the accused to argue that this action was necessary to decelerate calamitous climate change. The objective is to compare critically the development and use of the defence and excuse of necessity. The question is whether Lord Coleridge had a prejudging objective, in R v. Dudley and Stephens, and if so, what was it likely to have been. Necessity, as an excuse, is a categorical imperative because it is of the same structure as violating a law to save the state. [ABSTRACT FROM AUTHOR]

The Commonwealth includes many states likely to be in great danger as a result of climate change. It needs to make climate change its highest priority in order to ensure the continued security and stability of its member states and within its organisation as a whole. The risks to the populations of the Commonwealth, especially the populations of small developing states, are particularly great. They include risks to the security of the populations and potential gross human rights violations. This article addresses the threat to the security and stability of member states posed by inadequate legal frameworks with regard to both climate change-induced migration and access to natural resources. [ABSTRACT FROM PUBLISHER]