|
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 |
