Binding: Hardcover
Description: Recent years have witnessed exciting developments in international negotiations litigation and scholarship about climate change but doctrinal research in the field remains in its infancy. In particular little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties custom and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret they are often more demanding. The second part explores how these general obligations can be applied objectively for instance by a court in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation vigilance and consistency. This book presents a first comprehensive doctrinal study of states obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties but also from customary international law unilateral declarations and possibly human rights treaties. It also explores the interactions between these multiple obligations.
Title: International Law Obligations On Climate Change Mitigation
Author(s): Mayer Benoit (Associate Professor At The Faculty Of Law Chinese University Of Hong Kong)
Publisher: Oxford University Press
Barcode: 9780192843661
Pages: 416 Pages
Publication Date: 11/4/2022
Series: Oxford Monographs in International Law
Category: Environment Law