|
Acknowledgments
|
ix
|
|
Abbreviations and definitions
|
xi
|
|
Figures, tables and boxes
|
xx
|
|
Table of cases
|
xxii
|
|
Table of statutes
|
xxiv
|
|
Table of treaties and other international instruments
|
xxx
|
|
Introduction: Arguments, themes and overview
|
1
|
|
Introduction
|
1
|
|
Arguments and themes
|
2
|
|
Chapter overview
|
8
|
|
1 Climate law: Meaning and context
|
12
|
|
Introduction
|
12
|
|
A ‘global–global’ problem
|
12
|
|
First-mover constraints
|
14
|
|
The context of Australian climate law
|
16
|
|
Discovering climate law
|
18
|
|
Is there a foundational principle of climate law?
|
22
|
|
Climate law is both ‘top-down’ and ‘bottom-up’
|
24
|
|
Interdisciplinarity
|
30
|
|
Human values and competing interests
|
33
|
|
Environmental values in developing countries: The case of Africa
|
35
|
|
Is popular apathy a result of misinformation?
|
38
|
|
Our continuing dependence on fossil fuels
|
39
|
|
A very brief introduction to the science of climate change
|
44
|
|
2 Legal elements and ongoing development of the international climate change regime
|
52
|
|
Introduction
|
52
|
|
Background to the UNFCCC
|
52
|
|
Legal principles and rules of the UNFCCC
|
54
|
|
Legal principles and rules of the Kyoto Protocol
|
83
|
|
Outlook for the international climate change regime
|
90
|
|
3 Measurement and verification of state emissions and legacy of the Kyoto Protocol’s compliance system
|
92
|
|
Introduction
|
92
|
|
Treaty provisions on reporting and compliance
|
93
|
|
Direct measurement versus state reporting
|
96
|
|
Reliability of state emission reports
|
97
|
|
State regulation of inventory compilation
|
100
|
|
Verification (review) procedures
|
102
|
|
Role of Expert Review Teams
|
103
|
|
The Kyoto Protocol’s compliance system
|
106
|
|
Determining a ‘question of implementation’
|
106
|
|
The Kyoto Protocol’s Compliance Committee
|
109
|
|
Procedure before the Enforcement Branch
|
111
|
|
Historical workload of the Compliance Committee
|
113
|
|
Assessment of the Kyoto Protocol’s compliance system
|
116
|
|
Limitations of the Kyoto Protocol’s review function
|
118
|
|
Could international reporting of greenhouse gas emissions be improved?
|
120
|
|
The future: Transparent reporting by all states
|
125
|
|
4 Development of climate law in Australia
|
127
|
|
Introduction
|
127
|
|
Factors in the genesis of Australian climate law
|
128
|
|
Development of Australian climate law and policy
|
139
|
|
Australian climate change regulation: The international context
|
139
|
|
Early national policy measures: Climate change and ESD
|
145
|
|
‘No regrets’ climate policy
|
147
|
|
Mandatory Renewable Energy Target
|
150
|
|
Action by states and territories
|
151
|
|
Proposals for national emissions trading
|
155
|
|
Carbon pricing
|
160
|
|
Conclusion
|
163
|
|
5 Putting a price on carbon: Regulatory models and emissions trading schemes
|
164
|
|
Introduction
|
164
|
|
Regulatory models for climate change mitigation
|
165
|
|
The ‘global’ carbon market: ETS around the world
|
177
|
|
Carbon pricing in Australia
|
187
|
|
Conclusion
|
197
|
|
6 The regulatory network of the Clean Development Mechanism
|
199
|
|
Introduction: Offsets under the Kyoto Protocol
|
199
|
|
A case study in CDM practice and principle
|
203
|
|
Persisting concerns about the CDM’s environmental integrity
|
220
|
|
The CDM’s performance on sustainable development
|
222
|
|
CDM project distribution and equity of access
|
224
|
|
Administrative review of CDM Executive Board decisions
|
225
|
|
What future for the CDM?
|
227
|
|
7 The emerging scheme for the protection of forests in developing countries (REDD)
|
229
|
|
Introduction: REDD’s place in the international climate regime
|
229
|
|
Deforestation: Some facts and figures
|
233
|
|
Rescaling the deforestation problem
|
237
|
|
Causes of deforestation and REDD’s fractious social context
|
238
|
|
Steps towards the international regulation of REDD
|
242
|
|
REDD funding for the preparatory stage
|
246
|
|
Monitoring, reporting and verification of REDD projects
|
248
|
|
Australia’s involvement with REDD
|
250
|
|
Conclusion: Will REDD be effective?
|
253
|
|
8 Climate finance, technology transfer and capacity-building for sustainable development
|
255
|
|
Introduction
|
255
|
|
Green finance and technology for countries in need
|
256
|
|
The existing international regime on finance and technology transfer
|
259
|
|
Role of the Global Environment Facility
|
263
|
|
Breathing life into neglected treaty provisions
|
268
|
|
The new institutions of the Cancun COP
|
271
|
|
Roles and responsibilities of the Cancun institutions
|
274
|
|
Australia’s contributions to finance and technology transfer for developing countries
|
282
|
|
The lurking issue of intellectual property rights
|
284
|
|
Intellectual property law and politics in the climate change arena
|
288
|
|
Conclusion
|
291
|
|
9 Legal and regulatory frameworks for transition to a low-carbon economy
|
293
|
|
Introduction
|
293
|
|
Transition to a ‘low-carbon’ economy
|
295
|
|
Improving energy efficiency: ‘Picking the low-hanging fruit’
|
301
|
|
Promoting renewable energy
|
312
|
|
Carbon capture and storage
|
320
|
|
Nuclear power
|
332
|
|
Integration of regulatory measures for technology innovation
|
335
|
|
Conclusion
|
338
|
|
10 Biosequestration and emission reduction regulation in the Australian land sector
|
339
|
|
Introduction
|
339
|
|
Land sector abatement: Concepts and technical requirements
|
341
|
|
Legal issues in biosequestration rights
|
347
|
|
Federal regulation of biosequestration and offsets: The Carbon Farming Initiative
|
350
|
|
State-based regulation of biosequestration and offsets
|
361
|
|
Ensuring integration
|
370
|
|
Conclusion
|
372
|
|
11 Adaptation to climate change through legal frameworks
|
373
|
|
Introduction
|
373
|
|
Nature of climate change adaptation
|
374
|
|
Coastal adaptation: Sea-level rise
|
384
|
|
Adapting to climatic variability: Water scarcity and increased flood risk
|
390
|
|
Natural disasters: Bushfire risk and adaptive responses
|
396
|
|
The effectiveness of legal frameworks in Australia
|
401
|
|
Regional adaptation: Climate change displacement
|
401
|
|
Conclusion
|
406
|
|
Postscript
|
410
|
|
Bibliography
|
413
|
|
Index
|
449
|
