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Arbitrating climate change: Regulatory regimes and investor-state disputes

Arbitrating climate change: Regulatory regimes and investor-state disputes Climate Law 1 (2010) 63­92 DOI 10.3233/CL-2010-004 IOS Press Kate Miles1 I. Introduction Climate change already regularly features in the courts. The challenges created by climate change, and the domestic and international measures designed to mitigate its effects, are generating issues over which an array of disputes are occurring.2 They are manifesting in global-scale questions of climate change causation and liability.3 Matters of administrative law have been raised in the European Union concerning the scope of governance and authority in the determination of National Allocation Plans.4 Challenges to the operation of the EU Emissions Trading Scheme5 have been filed with the European Court of Justice.6 Inter-state non-compliance procedures have been established under the Kyoto Protocol.7 The potential for conflict between international trade 1 Lecturer, Faculty of Law, University of Sydney, Australia (kate.miles@sydney.edu.au); Legal Research Fellow, Centre for International Sustainable Development Law, Montreal, Canada. 2 Brian Preston, Avenues for Litigating the Effects of Climate Change, New South Wales Law Society Journal 49 (November 2009). 3 See for example, claims brought in the United States against carbon-intensive industries in Connecticut v. American Electric, WL 2996729 (CA2 NY, 2009); see also claims brought by Inuit peoples against oil and coal companies http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Arbitrating climate change: Regulatory regimes and investor-state disputes

Climate Law , Volume 1 (1): 63 – Jan 1, 2010

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Publisher
Brill
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/CL-2010-004
Publisher site
See Article on Publisher Site

Abstract

Climate Law 1 (2010) 63­92 DOI 10.3233/CL-2010-004 IOS Press Kate Miles1 I. Introduction Climate change already regularly features in the courts. The challenges created by climate change, and the domestic and international measures designed to mitigate its effects, are generating issues over which an array of disputes are occurring.2 They are manifesting in global-scale questions of climate change causation and liability.3 Matters of administrative law have been raised in the European Union concerning the scope of governance and authority in the determination of National Allocation Plans.4 Challenges to the operation of the EU Emissions Trading Scheme5 have been filed with the European Court of Justice.6 Inter-state non-compliance procedures have been established under the Kyoto Protocol.7 The potential for conflict between international trade 1 Lecturer, Faculty of Law, University of Sydney, Australia (kate.miles@sydney.edu.au); Legal Research Fellow, Centre for International Sustainable Development Law, Montreal, Canada. 2 Brian Preston, Avenues for Litigating the Effects of Climate Change, New South Wales Law Society Journal 49 (November 2009). 3 See for example, claims brought in the United States against carbon-intensive industries in Connecticut v. American Electric, WL 2996729 (CA2 NY, 2009); see also claims brought by Inuit peoples against oil and coal companies

Journal

Climate LawBrill

Published: Jan 1, 2010

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