Climate Change and International Law. Exploring the Linkages Between Human Rights, Environment, Trade and Investment

Aerni, Philipp; Boie, Bertram; Cottier, Thomas; Holzer, Kateryna; Jost, Dannie; Karapinar, Baris; Matteotti, Sofya; Nartova, Olga; Payosova, Tetyana; Rubini, Luca; Shingal, Anirudh; Temmerman, Fitzgerald Robert Plato; Xoplaki, Elena; Ziaeebigdeli, Sadeq (2011). Climate Change and International Law. Exploring the Linkages Between Human Rights, Environment, Trade and Investment. In: Giegerich, Thomas; Proless, Alexander (eds.) German Yearbook of International Law 2010 53 (pp. 139-188). Berlin: Duncker & Humblot

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Mapping the relevant principles and norms of international law, the paper discusses scientific evidence and identifies current legal foundations of climate change mitigation adaptation and communication in international environmental law, human rights protection and international trade regulation in WTO law. It briefly discusses the evolution and architecture of relevant multilateral environmental agreements, in particular the UN Framework Convention on Climate Change. It discusses the potential role of human rights in identifying pertinent goals and values of mitigation and adaptation and eventually turns to principles and rules of international trade regulation and investment protection which are likely to be of crucial importance should the advent of a new multilateral agreement fail to materialize. The economic and legal relevance of rules on tariffs, border tax adjustment and subsidies, services and intellectual property and investment law are discussed in relation to the production, supply and use of energy. Moreover, lessons from trade negotiations may be drawn for negotiations of future environmental instruments. The paper offers a survey of the main interacting areas of public international law and discusses the intricate interaction of all these components informing climate change mitigation, adaptation and communication in international law in light of an emerging doctrine of multilayered governance. It seeks to contribute to greater coherence of what today is highly fragmented and rarely discussed in an overall context. The paper argues that trade regulation will be of critical importance in assessing domestic policies and potential trade remedies offer powerful incentives for all nations alike to participate in a multilateral framework defining appropriate goals and principles.

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