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One way to give recognition to and account for vulnerability in climate policymaking is enhanced public participation. This study examines national climate acts across the EU Member States from this perspective, paying particular attention to those members of the public who are considered most climate vulnerable. The analysis finds that few of the acts address public participation, and none of the acts examined directly provides for the participation of specified groups of people based on their presumed vulnerability to climate change impacts. There are, however, participation mechanisms that take into account climate vulnerable groups. Yet, many states have not regarded the national climate act as the legal instrument of choice for regulating public participation in climate policymaking. However, this paper argues that the institutionalization of public participation in the national climate acts would have added value. [ABSTRACT FROM AUTHOR]

This paper showcases the potential that bamboo holds in contributing to the fight against climate change both in terms of mitigation and adaptation. Drawing on relevant primary and secondary sources, the article applies content analysis and doctrinal research methods to demonstrate the suitability of bamboo in enhancing climate change mitigation and adaptation (CCMA) action in Cameroon. Based on such suitability, the article critical assesses the legal and policy opportunities for promoting bamboo-based CCMA actions in Cameroon. The analysis reveals that bamboo is still underdeveloped in Cameroon despite its versatility in providing crucial socio-cultural, economic, ecological and more importantly, climate services. The reason why this potential is still untapped in Cameroon especially within the framework of combatting climate change is because relevant legal and policy instruments which are the springboards for climate action have not adequately captured and promoted bamboo for its CCMA values. Consequently, the necessary legal and policy impetus for bamboo-based CCMA actions to take root in Cameroon is weak. The paper concludes with a recommendation that the Cameroonian government revise and update its existing CCMA policy instruments to capture and promote bamboo-based CCMA actions, in line with international CCMA policy guidance. [ABSTRACT FROM AUTHOR]

This article studies eight cities in four countries in the southern African region (Namibia, Zimbabwe, South Africa, and Botswana) to explore whether and how local governing authority has been channelled towards local climate-resilient development. The authors undertook a desk-based identification and review of available primary and secondary legal sources and normative documents while also drawing on scientific papers and policy documents for statistics and information about urbanization, climate change, politics, and governance in the selected countries. The analysis is interested in the law but is not strictly of a legal nature in the sense that the authors did not aim for a critical analysis of the regulatory detail in the relevant legal instruments. Instead, the article provides an evaluation of the political, de facto choices made by selected local governments as to how and to what extent to utilize their governing authority (legislative and executive) towards climate-resilient development. The authors explore if and how local government powers in the four southern African countries are currently leveraged for local climate action, and comment on the possible reasons for the status quo by comparing the four jurisdictions. [ABSTRACT FROM AUTHOR]

Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The activity and initiatives undertaken by financial institutions to protect the environment are now the goal of the evolution of the entire financial market. However, it is important not to ignore the legal issues and their implications, which to a large extent now permeate many financial decisions and affect the practices and behaviours of banks. The main objective of this paper was to identify the current condition of and ongoing developments in European Union legal regulations concerning Environmental, Social, Governance (ESG) and sustainable finance. An important aspect of this study was also to analyse the tools, legal instruments, standards and guidelines of the European Commission and the European Banking Authority (EBA) and those proposed by the international business environment in the area of non-financial reporting ESG disclosures in the EU banking sector as exemplified by Poland. In addition, this paper analyses the status of implementation of ESG-related requirements set by the EU legal framework by banks, banking associations and associations of cooperative banks operating in Poland. To achieve the objectives of this study, and to answer the research questions posed, an analysis of primary and secondary sources was carried out in conjunction with a review of the (national and foreign) literature on the subject. Two non-reactive research methodologies were used in the design of this study: the doctrinal legal method and desk research. The results of the analysis indicate that EU regulations are at the drafting stage and those adopted so far require a number of amendments. Banker associations have voiced extensive criticism of the regulations, which are viewed by banks as inadequate, unclear and inconsistent. Both EU and Polish banker associations primarily point to a high degree of generality in the solutions and legal frameworks adopted. The legal acts enacted to date do not correspond to the needs of the market. The analysis of the positions of the banking associations also revealed that the EU legislation still has gaps preventing a harmonised approach to the comprehensive and consistent integration of ESG factors by banks in their strategy and operations. [ABSTRACT FROM AUTHOR]

The impact of climate change is experienced all over the world. The effort to mitigate the impact continues to be made in a wide range of sectors, including the financial industry. The concept of sustainable investment in the financial services industry is one of the strategies to address climate change. However, sustainable investment is not limited to national jurisdictions. At the regional levels organisations such as the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) have also established definite guidelines. The EU has adopted hard law in the form of regulations on sustainability disclosure and taxonomy that facilitate sustainable investment. ASEAN has also introduced soft law in the form of the ASEAN Taxonomy for Sustainable Finance. The purpose of this study is to examine and provide a comparison of the regulation of sustainable investment in both regional organisations that have distinct integration characteristics. This paper argues that the distinctive characteristics of integration have an influence on the choice of legal instruments and their binding force on member states. The comparative study revealed that both the EU and ASEAN adopt the common principles of environmental protection and climate change mitigation. However, the EU and ASEAN have different ways of defining these principles in their respective legal instruments. In addition, the research also reveals that the different choice of legal instruments also has an effect on the advantages and limitations of implementing sustainable finance. Finally, this study proposes that the EU and ASEAN share a common vision in the implementation of sustainable finance in line with the growing economic relations between the two regions. [ABSTRACT FROM AUTHOR]

Conservation covenants are an important legal tool for enabling private land conservation, whose significance to policymakers has recently grown in light of new global commitments to expand areas of land and water protected and restored. Covenants' traditional focus on conservation of existing natural values rather than restoration of degraded land or active management of environments impacted by climate change pose significant challenges to the flexibility and efficacy of this legal instrument. In Australia, recent national legal reforms to incentivise private land conservation, notably the new Nature Repair Act 2023, will need to consider how it can align with conservation covenanted lands that are regulated by different laws with different criteria and goals. Here we identify some pathways for enabling conservation covenants to play an expanded role in the context of ecosystem restoration and climate adaptation. [ABSTRACT FROM AUTHOR]

Land fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases. [ABSTRACT FROM AUTHOR]

The Conference of Parties (COP) of the multilateral environmental agreements (MEAs) provides a platform at a specific periodicity (one, two or three years) to review work of the Convention in question. The UN Framework Convention on Climate Change (UNFCCC) is a 'universal' convention with 198 parties. The 28th annual meeting of the COP (UNFCCC) was held in Dubai (UAE) during 30 November - 13 December 2023. The UN provides 'secretariat' support to the UNFCCC, hence the usage of prefix 'United Nations'. It is called a 'framework convention' since it was adopted with a bare skeleton on 09 May 1992. It required 'fleshing out' of the UNFCCC with required elements to make it work for the "'ultimate objective" of "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system" (Article 2). It led to the adoption of the ("related legal instruments") 1997 Kyoto Protocol and 2015 Paris Agreement. The climate change regime now comprises these three legal instruments that seek to address the global climate problematique. Whereas COP27 (Sharm El-Shaik; 06–21 November 2022) was known for adoption of the decision on "loss and damage" funding for vulnerable countries hit hard by climate disasters, COP28 unveiled the first global climate 'stocktake'. This took place on the heels of UNEP Emissions Gap Report (20 November 2023) that issued warming that "world is heading for a temperature rise far above the Paris Agreement goals unless countries deliver more than they have promised". The UNEP report called for the GHG emissions (by 2030) to "fall by 28 per cent for the Paris Agreement 2°C pathway and 42 per cent for the 1.5°C pathway". Thus, there is a big chasm between what is laid down in the climate change regulatory framework, what is scientifically ordained and what is actually given effect on the ground by the states Parties. After 30 years (1994–2024), the resultant 'conundrum' presents a challenge at this juncture of planetary crisis. It calls for the state Parties to the global climate change regime to engage in a major course correction in the current global climate change regulatory approaches for securing our planetary future. [ABSTRACT FROM AUTHOR]

The starting point for further consideration is that climate change and humanity’s contribution to this process is an indisputable global fact. The article puts forward the thesis that certain provisions of the Labour Code—either existing since its enactment (i.e. since 1974) or introduced later but before 2000 (the title labour law of the 20th century)—show a visible “pro-climate potential”. This potential should be understood in that they can become an effective instrument in the fight against climate change. The analysis examines: 1) the employer’s obligation to respect the dignity and personal rights of employees, 2) the employee’s duty to respect the interest of the work establishment and 3) the employer’s obligation to contribute to shaping the principles of social coexistence in the workplace and the related employee’s obligation to respect these principles. The option to use multiple legal constructions and protective mechanisms in parallel when determining the responsibility of the employee or the employer reinforces the importance of pro-climate behaviour in the workplace. Nevertheless, not all of the mentioned legal instruments will always be able to be applied when categorising a specific event. [ABSTRACT FROM AUTHOR]

The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner. [ABSTRACT FROM AUTHOR]

This article is the first part of a wider study on the climate change aspects in Bulgaria's regulatory and policy framework for public procurement and concessions. In Part I, the authors first define, then review climate change and its potential effect on public procurement, including concessions. The present article outlines the expected climate changes in Bulgaria for the next 50 years and provides an overview of national climate change strategies and action plans that could affect procurement. As part of the analysis, we refer to relevant legal instruments at national, international and European Union (EU) levels, and consider their respective potential to accommodate the shifts in weather patterns and changes in temperatures. The Bulgarian procurement and concessions legislation is reviewed with reference to relevant EU procurement directives. Part I of the study focuses on climate change as an element of the wider category of environmental considerations, at the preparation stage of a typical whole-cycle procurement model. In the conclusion of the present article, the authors briefly outline the research agenda of the upcoming Part II. [ABSTRACT FROM AUTHOR]

Two key drivers, ocean warming and ocean acidification, affect the oceans and adds to the climate change adversely. International legal and policy instruments contain certain measures to tackle these growing effects. China is also committed to addressing the effects of climate change on the oceans. The overlapping of different systems has, however, created some difficulties in practice and further coordination is urgently required. This paper uses qualitative methods to investigate China's legal practices in addressing the effects of climate change and their impact on the oceans. The study considers newly introduced policies and recent actions launched by the Chinese Government to chart a clearer picture of the current practices. To this end, it is concluded that the ultimate solution in avoiding the worsening effects of climate change on the oceans would be to reduce the emission of greenhouse gases worldwide, and China aims to take advantage of playing leading role in such efforts. • International legal and policy instruments contain certain measures to tackle the effects of climate change on the oceans. • China has also committed to addressing the effects of climate change on the oceans. • The overlapping of different systems has, however, created some difficulties in practice and further coordination is urgently required. • The ultimate solution in avoiding the worsening effects of climate change on the oceans would be to reduce the emission of greenhouse gases worldwide and China wishes to take a leading role in such efforts. [ABSTRACT FROM AUTHOR]

The implications of climate change for biological invasions are multifaceted and vary along the invasion process. Changes in vectors and pathways are likely to manifest in changes in transport routes and destinations, together with altered transit times and traffic volume. Ultimately, changes in the nature of why, how, and where biota are transported and introduced will pose biosecurity challenges. These challenges will require increased human and institutional capacity, as well as proactive responses such as improved early detection, adaptation of present protocols and innovative legal instruments. Invasion success and spread are expected to be moderated by the physiological response of alien and native biota to environmental changes and the ensuing changes in biotic interactions. These in turn will likely affect management actions aimed at eradicating, containing, and mitigating invasions, necessitating an adaptive approach to management that is sensitive to potentially unanticipated outcomes. [ABSTRACT FROM AUTHOR]

This article provides a comprehensive overview of the changes to European Union (EU) climate and energy law brought about by the 2030 Climate and Energy Policy Framework. It explains the Framework's background and objectives, and analyses its main legal instruments. It argues that the 2030 Framework incrementally develops and enhances EU climate law without revolutionizing it, advancing in particular its proceduralization. The article also explores the prospects for future change of the 2030 Framework towards more radical transformation in light of the European Green Deal and the ongoing COVID‐19 pandemic. [ABSTRACT FROM AUTHOR]

This article explores international governance issues related to a possible future use of geoengineering techniques. Despite the serious arguments against geoengineering, policy-makers may start to take an interest in it in the medium term. The article identifies non-technical characteristics of geoengineering which might influence governance models, and then discusses three broad approaches: through the United Nations, by one state unilaterally, and through a consortium of states. An examination of international legal instruments reveals none that would pose an insuperable barrier to geoengineering. Finally, the article argues for early exploration of the technological, environmental, political and regulatory issues raised by geoengineering, to maximize the chances of good, science-based multilateral decision making if and when geoengineering’s day arrives. [ABSTRACT FROM AUTHOR]