‘Human Rights Are Not Against Society’: On Standing in Climate Change Litigation
© Lexxion Verlagsgesellschaft mbH (3/2023)
Bei Klimaklagen hängt der Zugang zu Gericht in besonderem Maße von der Abgrenzung subjektiver Rechte von kollektiven Interessen ab. Wie die Zuordnung individuell geschützter Rechte im Einzelfall vorgenommen wird, bestimmt sich in erster Linie nach der jeweiligen Rechtsordnung. Doch lassen sich von den Gerichten entwickelte dogmatische Herangehensweisen teilweise übertragen. Dieser Beitrag arbeitet auf rechtsvergleichender Grundlage vier Vorschläge im Umgang mit standing bei Klimaklagen heraus und begegnet so der Spannungslage, in der sich subjektiver Rechtsschutz im Licht des Klimawandels befindet.
© Lexxion Verlagsgesellschaft mbH (3/2023)
Bei Klimaklagen hängt der Zugang zu Gericht in besonderem Maße von der Abgrenzung subjektiver Rechte von kollektiven Interessen ab. Wie die Zuordnung individuell geschützter Rechte im Einzelfall vorgenommen wird, bestimmt sich in erster Linie nach der jeweiligen Rechtsordnung. Doch lassen sich von den Gerichten entwickelte dogmatische Herangehensweisen teilweise übertragen. Dieser Beitrag arbeitet auf rechtsvergleichender Grundlage vier Vorschläge im Umgang mit standing bei Klimaklagen heraus und begegnet so der Spannungslage, in der sich subjektiver Rechtsschutz im Licht des Klimawandels befindet.
Passing and Implementing Domestic Climate Legislation under the 2015 Agreement
© Lexxion Verlagsgesellschaft mbH (9/2014)
In the context of the current negotiations of the Ad Hoc Durban Platform for a new global agreement on climate change, discussions are in progress concerning the legal form of this agreement. In particular, deliberations are underway regarding norms that would be legally binding internationally, and norms that would be legally binding domestically. An international obligation to pass and to implement domestic climate legislation would combine these two dimensions.
© Lexxion Verlagsgesellschaft mbH (9/2014)
In the context of the current negotiations of the Ad Hoc Durban Platform for a new global agreement on climate change, discussions are in progress concerning the legal form of this agreement. In particular, deliberations are underway regarding norms that would be legally binding internationally, and norms that would be legally binding domestically. An international obligation to pass and to implement domestic climate legislation would combine these two dimensions.
Climate change mitigation through solid waste management
© European Compost Network ECN e.V. (6/2014)
The vast majority of solid waste management (SWM) projects implemented in developing, emerging and transition countries (DETC) envisage the disposal of residual waste on a sanitary landfill. Mostly this leads to an increase of greenhouse gas emissions compared to the given situation. With the implementation of advanced SWM systems DETC could lower their national greenhouse gas balance by 10 – 15%. The paper discusses the possibilities how financial sustainability of advanced SWM systems could be safeguarded in DETC. It is part of a doctoral thesis recently finalized at the University of Rostock / Germany.
© European Compost Network ECN e.V. (6/2014)
The vast majority of solid waste management (SWM) projects implemented in developing, emerging and transition countries (DETC) envisage the disposal of residual waste on a sanitary landfill. Mostly this leads to an increase of greenhouse gas emissions compared to the given situation. With the implementation of advanced SWM systems DETC could lower their national greenhouse gas balance by 10 – 15%. The paper discusses the possibilities how financial sustainability of advanced SWM systems could be safeguarded in DETC. It is part of a doctoral thesis recently finalized at the University of Rostock / Germany.
Potentialities of Nationally Appropriate Mitigation Actions (NAMAs) project for Brazilian National Policy on Solid Waste and National Policy on Climate Change implementation
© European Compost Network ECN e.V. (6/2014)
Climate change (CC) and municipal solid waste (MSW) management have common demands to mitigate greenhouse gas (GHG) emissions. The MSW disposal represent more than 20% of anthropogenic methane (CH4) (IPCC, 2005). The estimated contribution of this sector in anthropogenic GHG emissions is 3-5% (UNEP, 2010), and has great potential for reducing fuel and energy consumption in collection and treatment of CH4 avoided emissions in landfills by biodegradable municipal waste (BMW) diversion to biodigestion and composting, and fix carbon in soils by compost or biofertilizers produced application, and reduce natural resources extraction by multi-material recycling.
© European Compost Network ECN e.V. (6/2014)
Climate change (CC) and municipal solid waste (MSW) management have common demands to mitigate greenhouse gas (GHG) emissions. The MSW disposal represent more than 20% of anthropogenic methane (CH4) (IPCC, 2005). The estimated contribution of this sector in anthropogenic GHG emissions is 3-5% (UNEP, 2010), and has great potential for reducing fuel and energy consumption in collection and treatment of CH4 avoided emissions in landfills by biodegradable municipal waste (BMW) diversion to biodigestion and composting, and fix carbon in soils by compost or biofertilizers produced application, and reduce natural resources extraction by multi-material recycling.
Monitoring, Reporting & Verification (MRV) – How environmental sciences can
contribute to improving waste management practices in terms of climate protection and sustainability
© European Compost Network ECN e.V. (6/2014)
Despite its seemingly technical nature, MRV is yet one of the most important and contentious issues in any international arrangement on climate protection. The term encompasses all measures to collect performance data and to compile this information in reports and inventories, and to subject these to some form of review.
© European Compost Network ECN e.V. (6/2014)
Despite its seemingly technical nature, MRV is yet one of the most important and contentious issues in any international arrangement on climate protection. The term encompasses all measures to collect performance data and to compile this information in reports and inventories, and to subject these to some form of review.
NAMAs – Introduction of a new instrument for climate protection and its relevance for the waste sector
© European Compost Network ECN e.V. (6/2014)
Nationally appropriate mitigation actions (NAMAs) are an emerging international climate mitigation instrument. It is supposed to be used by developing countries to make progress in reducing their domestic greenhouse gas emissions, supported and enabled by technology, financing and capacity building in a measurable, reportable and verifiable (MRV) manner. So far the definition from the Bali Action Plan – but what exactly is a NAMA?
© European Compost Network ECN e.V. (6/2014)
Nationally appropriate mitigation actions (NAMAs) are an emerging international climate mitigation instrument. It is supposed to be used by developing countries to make progress in reducing their domestic greenhouse gas emissions, supported and enabled by technology, financing and capacity building in a measurable, reportable and verifiable (MRV) manner. So far the definition from the Bali Action Plan – but what exactly is a NAMA?
The NAMA Facility – Providing support for the implementation of NAMAs
© European Compost Network ECN e.V. (6/2014)
As announced during the climate negotiations 2012 in Doha, Qatar, the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) and the Department of Energy and Climate Change (DECC) of the United Kingdom (UK) jointly established the NAMA Facility and contributed jointly 120 million euro of funding to support developing countries and emerging economies that show leadership on tackling climate change and that want to implement ambitious climate protection measures (NAMAs).
© European Compost Network ECN e.V. (6/2014)
As announced during the climate negotiations 2012 in Doha, Qatar, the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) and the Department of Energy and Climate Change (DECC) of the United Kingdom (UK) jointly established the NAMA Facility and contributed jointly 120 million euro of funding to support developing countries and emerging economies that show leadership on tackling climate change and that want to implement ambitious climate protection measures (NAMAs).
Limiting Climate Change by Fostering Net Avoided Emissions
© Lexxion Verlagsgesellschaft mbH (3/2014)
Reducing Fossil Fuel Supply and Emissions from Fuel Exploitation
© Lexxion Verlagsgesellschaft mbH (3/2014)
Reducing Fossil Fuel Supply and Emissions from Fuel Exploitation
The Birth of the Warsaw Loss & Damage Mechanism
© Lexxion Verlagsgesellschaft mbH (3/2014)
Planting a Seed to Grow Ambition?
© Lexxion Verlagsgesellschaft mbH (3/2014)
Planting a Seed to Grow Ambition?
A Process for Making Nationally-determined Mitigation Contributions More Ambitious
© Lexxion Verlagsgesellschaft mbH (12/2013)
Based upon the lessons from the current initiatives under the climate regime as well as relevant literature, this paper discuss specific steps and time frames that aim to add ex-ante clarity to nationally determined contributions to climate change mitigation and enhance their levels of ambition. The process proposed has three distinctive features: 1) A consortium of research institutes is established with a view to providing benchmarks to which Parties can refer to when proposing their initial contributions, and against which each Party’s relative contribution to the 2°C target is assessed; 2) To enhance ex-ante clarity and comparability of Parties’ contributions, the consortium also provides a common and clear template for information on mitigation contributions that Parties will complete ex-ante; 3) A limited number of Parties - for example, the G20 member countries - are requested to complete the common template and go through an international consultation process with a view to amending contributions to meet the required aggregate contribution for the 2°C goal.
© Lexxion Verlagsgesellschaft mbH (12/2013)
Based upon the lessons from the current initiatives under the climate regime as well as relevant literature, this paper discuss specific steps and time frames that aim to add ex-ante clarity to nationally determined contributions to climate change mitigation and enhance their levels of ambition. The process proposed has three distinctive features: 1) A consortium of research institutes is established with a view to providing benchmarks to which Parties can refer to when proposing their initial contributions, and against which each Party’s relative contribution to the 2°C target is assessed; 2) To enhance ex-ante clarity and comparability of Parties’ contributions, the consortium also provides a common and clear template for information on mitigation contributions that Parties will complete ex-ante; 3) A limited number of Parties - for example, the G20 member countries - are requested to complete the common template and go through an international consultation process with a view to amending contributions to meet the required aggregate contribution for the 2°C goal.
