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Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth. [ABSTRACT FROM AUTHOR]

Carbon tax has attracted attention as an instrument of climate action for transiting towards the objective of stabilising global temperatures below 2 °C. Its significance as a response to climate change is, however, disputed. Also, its possible implications on key fundamental human rights of poor populations are rarely discussed. South Africa enacted a Carbon Tax Act in 2019 amid the challenge of poverty and its commitments to both climate actions and human rights. This paper interrogates the significance of the Carbon Tax Act and clarifies the potential implications that it may have on key human rights of poor populations. It recommends the need to channel the revenue generated from the implementation of the Carbon Tax Act to address its potential adverse impact on human rights of poor populations in South Africa. [ABSTRACT FROM AUTHOR]

Sustainable development provides a forum for sometimes complementary, but often conflicting, factors to be raised and the best solution found. As new challenges present themselves, they need to fit into our decision making processes. This article examines the use of presumptions and duties in what it refers to as ‘sustainable development equations’. More specifically, it asks whether the regulatory regime for managing change in listed buildings is promoting and delivering the sustainable management of listed buildings. It does so by examining how various presumptions and duties are used and prioritized by the courts, by Historic Environment Scotland (HES) and local authorities in their policies on managing change and then in practice, in listed building consent decisions relating to solar panels. The paper concludes presumptions and duties are useful tools for ensuring certain factors are brought into sustainable development equations and given the appropriate status. However, in the context of listed buildings, the current balance is not capable of delivering or encouraging their sustainable management. Presumptions and duties are most useful when expressly part of particular regulatory regimes and where the policy that supports these sustainable development equations is sufficiently detailed to provide both regulators and regulated with reassurance and certainty. [ABSTRACT FROM AUTHOR]

Improving the energy efficiency of the building sector is regarded as a key mitigation response to climate change in the United Kingdom (UK) and the European Union (EU). The building sector represents the largest source of relatively quick and inexpensive CO2 emission reductions of any economic sector. Realising this potential also provides additional economic benefits, particularly in terms of increased energy security. This paper examines the implementation of the EU's Energy Performance of Buildings Directive (EPBD) in England and Wales. It questions the potential effectiveness of the EPBD to deliver substantial emission reductions based upon shortcomings of the two main regulatory tools within the EPBD framework. The paper also draws from literature on the 'behavioural barrier' to energy efficiency that suggests that emission reductions will be unlikely in the absence of widespread change in the way in which energy is currently used by building occupants. The analysis is timely because transitioning this sector to low to zero carbon is regarded as integral to meeting emission reduction targets set for 2020 and 2050, and protecting against the risk of severe shortages in energy supply. The potential effectiveness of the EPBD is also significant because it is representative of the forefront of regulatory techniques to address a problem of the magnitude of climate change. [ABSTRACT FROM AUTHOR]

The article reports on an inquiry on the application by the operators of Stansted Airport, British Aerospace Airbus (BAA), to remove the planning condition that imposed a passenger limit at the airport to 25 million passengers a year. The argument of BAA is the air transport white paper which sets out the strategic framework of the government which called for a balanced and measured approach to the future of air transport.