Study of the legal aspects of joint implementation of emissions reduction commitments, emissions trading and development of clean energy technology.

International legal processes of interest includes the Kyoto Protocol to the Framework Convention on Climate Change, Inter-American agreements to promote clean and renewable energy, and others.

Legal Elements of Copenhagen and Beyond:

Second, CISDL investigates conditions and regulations facilitating investment in climate change mitigation, adaptation, and technology transfer, focusing on:(A) issues around the encounter between trade and investment law and climate change; (B) conditions for private sector investment in climate change adaptation and mitigation, especially renewable energy investments; and(C) technology transfer and intellectual property rights. A third research stream will focus on general public international law issues related to climate change, cross-cutting issues, and the continuation of existing projects. Specific projects in these areas are listed below, followed by other ongoing projects.

Climate Impact Liability:

Climate change will result in significant damage in human life, health, livelihood and property. These damages occur at a distance in geography and time from the polluting source of greenhouse gas emissions. CISDL is evaluating the resulting impacts and climate related liabilities under various legal regimes. In particular, it is reviewing human rights impacts. This research is being coordinated with the University of Norway.

Legal Consequences of REDD:

CISDL will further deepen its engagement with the evaluation of the legal consequences of the emerging regime on reducing emissions from deforestation and forest degradation (REDD). CISDL will support one or several papers on rights related to forest carbon and REDD and will present these papers at international conferences.

Desertification, Climate Change and Climate Justice.

Deforestation and land degradation leads to loss of fertile soil and fosters land degradation, a process that is accelerated through climate change related change in rainfall patterns and temperatures. The relationship between climate change and land-use leads to closely related topics being deliberated in various international regimes, such as the UNFCCC, the CBD, and the CCD. The CISDL, in cooperation with the University of Sheffield, is preparing a legal brief analyzing the synergies and convergences between the various legal frameworks addressing land-use and climate change and draw conclusions related to environmental and climate justice.

Climate Finance

The principle of common but differential responsibility and respective capabilities provides the underlying rational for different rights and obligations of Parties under the UNFCCC and the Kyoto Protocol. One of its results is the obligation of developed country Parties to support climate change mitigation and adaptation programs of developing country Parties. To effectively address climate change, billions of dollars of funding will have to be invested in emission reductions and adaptation measures, most of it the developing world. The creation of a facilitative legal framework for channelling these funds into programs and projects will be essential for an effective and efficient climate regime. In the coming two years, the CISDL will prepare a number of legal briefs and publications evaluating the legislative and contractual means to promote private and public financing in regards to climate change. The CISDL aims to co-sponsor a workshop at a 2010 conference at the University of Sydney on private sector finance and climate change.

Architecture of the Climate Regime:

In time for COP-15, the CISDL will prepare at least two publications analysing international law issues relevant for the design and functioning of the international climate regime. These publications will focus on (i) the legal instruments supporting a Copenhagen agreement; and (ii) the legal status of COP and delegated decisions and authorities of subsidiary bodies under the COP.

ISDL Curriculum Materials for Judicial Education:

In the past, the CISDL has partnered with the National Judicial Institute (NJI) and the United Nations Environment Programme (UNEP) to prepare Cases and Curriculum Materials on Sustainable Development Law related to Climate Change. An NJI Electronic Benchbook and online course for Canadian Judges focused specifically on a hypothetical challenge to Canadian climate change legislation. On the international level, these materials were part of a Judges Handbook that was reviewed, translated, and published by UNEP. To follow up, the CISDL has been invited to lead the development of curriculum materials on climate change and international law for the IDLO in Rome, and to present these materials in French and English as part of a course on such issues in the IDLO’s work to train developing country legal decision-makers.

ArcticNet Legal Analysis of the Impacts of Climate Change in the Canadian Arctic:

This four-year project studied the implications of a changing climate in governance and interactions with Inuit Land-claims organizations; environmental protection and human rights; and international sovereignty and diplomacy. In Phase I, the CISDL, McGill University, and the University of Montreal, with partners, hosted a workshop on Law and Policy Implications of a Changing Climate for Northern Communities with ArcticNet experts and speakers, as part of the International Law Symposium from Dec. 02 – 04 on Sustainable Developments in Law and Policy on Climate Change in Montreal during the COP 11/MOP 1 Meeting, and linked in with activities organised around ‘Arctic Day’ (Dec. 06, 2005) in Montreal. The proposed Phase II is envisaged to take the interactive approach of the project and its lessons learned and apply them to related fields, such as the discussion on tropical deforestation and climate change which threatens the livelihood of indigenous and forest depending people.

Charlotte Streck is the Lead Counsel of the Climate Change and Vulnerability Law Programme.

Research Fellows with the Climate Change Programme include Senior Research Fellows Professor Duncan French, Professor Richard Janda, Professor Konstantia Koutouki, Professor Hélène Trudeau, and Chris Tung, as well as Research Fellows Kate Miles , Dr. Lavanya Rajamani , Roman Picherack, Professor Andrew Newcombe, Dayna Nadine Scott, and Christina Voigt as well as several associate fellows.

Former collaborators include Karina Kessaris, Jennifer Ross-Jones, Patricia Ochman, and Claire Stockwell.

The Canadian International Development Agency (CIDA)

Climate Focus

Foreign Affairs Canada (FAC)

The National Judicial Institute

University of Oslo

University of Sheffield

Strengthening Climate Cooperation, Compliance & Coherence
An International Law Symposium on Sustainable Developments in Law and Policy on Climate Change

Friday, 02 December and Saturday, 03 December, 2005 / Montreal, Canada.
McGill Law Faculty / Faculté de droit de l'université de Montréal

Further Information

Recent Books

David Freestone & Charlotte Streck, eds., Legal Aspects of Carbon Trading: Kyoto, Copenhagen and beyond (Oxford: Oxford University Press, 2009).

Charlotte Streck, Robert O’Sullivan, Toby Janson-Smith et al., eds., Climate Change and Forests: Emerging Policy and Market Opportunities (Washington: Brookings Press, 2009).

Christina Voigt, Michael Faure & Marjan Peeters, eds., Climate Change and European Emissions Trading – Lessons for Theory and Practice (Cheltenham: Edward Elgar Publishing, 2008).

Dr. Lavanya Rajamani, Differential Treatment in International Environmental Law (Oxford, Oxford University Press, 2006)

C. Streck & D. Freestone, eds., Making Kyoto Work: Legal Aspects of Implementing the Kyoto Protocol Mechanisms (Oxford: Oxford University Press, 2004)

D. French, International Law and Policy of Sustainable Development (Manchester: Manchester University Press, 2004).

Recent Chapters of Books, Articles & Monographs

Arild Angelsen, Leo Peskett & Charlotte Streck, “What is the Right Scale for REDD?” in Arild Angelsen, ed., Moving ahead with REDD: Issues, Options and Implications (Bogor, Indonesia: CIFOR, 2008) 31-40.

Sumudu Atapattu, "Global Climate Change: Can Human Rights (and Human Beings) Survive this Onslaught?" (2008) 20 Colo. J. Int’l Envtl L. 35.

Marie-Claire Cordonier Segger, Karina Kessaris & Kristin Price, “Complying with the Kyoto Protocol: Health, Social and Economic Challenges” in Understanding the Nexus of Health, Social and Economic Impacts of Climate Change on Canadians, D. Macdonald, M. Erskine & J. Séguin eds. (Toronto: University of Toronto Press, 2006)

Michael Dutschke, Charlotte Streck & Manuel Estrada Porrua, “Creating Incentives for avoiding Further Deforestation: The Nested Approach, Lucio Pedroni” (2009) 9 Climate Policy 207–220.

Michael Dutschke, Sheila Wertz-Kanounnikoff & Charlotte Streck, “How do we Match Country Needs with Financing Sources?” in A. Angelsen, ed., Moving Ahead with REDD: Issues, Options and Implications (Bogor, Indonesia: CIFOR, 2008) 41-52.

David Freestone & Charlotte Streck, “Meeting the Challenge of Climate Change: Legal Strategies for Reducing Greenhouse Gas Emissions” (2008) Direito Ambiental Comparado, Arlindo Daibert, Belo Horizonte 207-225.

Markus Gehring, “Common but Differential Responsibility in International law,” “Sanctions in International law,” and “United Nations” in Peter Cane & Joanne Conaghan, eds., The New Oxford Companion in Law (Oxford: Oxford University Press, 2008).

M. Gehring & C. Streck, ‘Emission Trading: Legal Nature, Title, Transfer and Taxation of Emission Allowances and Credits’ (2005) Georgetown Journal of Environmental Law.

Markus W. Gehring & Kristin Price, “UK and Canadian Approaches to Kyoto Protocol Implementation” in Canadian and UK Perspectives on International Law, C. Waters, ed. (Leiden: Martinus Nijhoff, 2006).

Jelmer Hoogzaad, Charlotte Streck et al., “The economics of carbon finance – financing landfill gas projects in the waste sector” in Kenny Tang & Thomas Yeoh, eds., Wastenomics: Turning waste liabilities into assets (London: Middlesex University Press, 2008) 41-56.

Kishan Khoday, “Globalization and the Evolution of Environmental Governance in China's Socialist Market Economy” in Lee Paddock, ed., Compliance and Enforcement in Environmental Law: Towards More Effective Implementation (IUCN Academy of Environmental Law Series) (Cheltenham: Edward Elgar Publisher, 2009).

Kishan Khoday, “Climate Change as a Threat to Peace and Security: Glacial Melting and Human Security in the Himalayas” in Kheng Lian, Lin Heng Lye & Jolene Lin, eds., Critical Issues in Climate Change and the Kyoto Protocol (World Scientific Publisher, 2009).

Mari Koyano, “Effective Implementation of International Environmental Agreements: Learning Lessons from the Danube Delta Conflicts” in T. Komori & K. Wellens, eds., Implementation of Rules Protecting Public Interests of the International Community: Towards Process-based Concepts of Effectiveness in International Law (Surrey: Ashgate Publishing, 2009).

Mari Koyano, “The Significance of the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) in international environmental law: examining the implications of the Danube Delta case” (2008) 26 (4) Impact Assessment and Project Appraisal.

Robert O’Sullivan & Charlotte Streck, “Conservation Carbon: A New Voluntary Market Mechanism to Protect Forests” (2008) Carbon and Climate Law Review 03/2.

Charlotte Streck, “Forests, Carbon Markets, and Avoided Deforestation: Legal Implications” (2008) Carbon and Climate Law Review 03/2.

Charlotte Streck, Andreas Türk & Tracy Johns et al., “The role of land-based offsets in Emissions Trading Systems: Key design aspects and considerations for linking, Climate Strategies Working Paper Series, Linkages among Emissions Trading Schemes and with offset projects” (Working Paper 2, Oxford, August 2008).

Charlotte Streck & Jolene Lin, “Making Markets Work: A Review of CDM Performance and the Need for Reform” (2008) 19 E.J.I.L. 409-442.

Christina Voigt, “Forurensning som rettferdighetsproblem – Klimakvotenes juss og politick” in A. Hellum & B. Halsaa, eds., Rettferdighet (Oslo: Universitetsforlaget, autumn 2009).

Christina Voigt, “State Responsibility and Climate Change Damages” (2008) 77 Nordic J. Int’l L. Nr.1-2, 1-22.

Christina Voigt, “Climate Change and the Mandate of Sustainable Development” in Hans Christian Bugge & Christina Voigt, eds., Sustainable Development in National and International Law – What did the Brundtland Report do to Legal Thinking and Development (Groningen: Europa Law Publishing, 2008) 545-572.

Christina Voigt, “WTO Law and International Emissions Trading: Is There Potential for Conflict?” (2008) 1 Carbon & Climate Law Review, 52-64. Reprinted in: (2008) 4 Environmental Liability, 136-147.

Christina Voigt, “Is the Clean Development Mechanism Sustainable? Some Critical Aspects” (2008) 8 Sustainable Development L. & Pol’y 2, 15-21.

Christina Voigt, “Year in Review, Country Report: Germany” (2008) 17 Y.B. Int’l Env. L. 528-536.

Christina Voigt, “Security in a ‘Warmer World’: Competences of the UN Security Council for Preventing Dangerous Climate Change” in C. Bailliet, ed., Security: A Multidisciplinary Normative Approach (Leiden: Brill Publishers, 2009).

Moritz von Unger & Charlotte Streck, “An Appellate Body for the Clean Development Mechanism: A Due Process Requirement” (2009) 01/3 Carbon and Climate Law Review 31.

Links

Intergovernmental Panel on Climate Change (IPCC)

United Nations Framework Convention on Climate Change (UNFCCC)

COP15 United Nations Climate Change Conference Copenhagen 2009

European Union (EU)

One World

International Institute for Sustainable Development

Climate Knowledge Network

Journal

McGill International Journal of Sustainable Development Law and Policy, Special Issue: Climate Change and Sustainable Development, Volume 2, Issue 1, March 2006