Debating Climate Law - Title page

pp iii-iii

Copyright page

pp iv-iv

Contents

pp v-viii

Contributors

pp ix-xv

Acknowledgements

pp xvi-xvi

Abbreviations

pp xvii-xx

Introduction

pp 1-14

Debate 1: Customary Law

pp 15-39

~ A ~ - The No-Harm Principle as the Foundation of International Climate Law

pp 15-28

~ B ~ - The Significant Transboundary Harm Prevention Rule and Climate Change: One-Size-Fits-All or One-Size-Fits-None?

pp 29-39

Debate 2: The ILC’s Role

pp 40-62

~ A ~ - The International Law Commission’s Role in Developing International Law to Protect the Earth’s Atmosphere As It Relates to Climate Change

pp 40-49

~ B ~ - Why the ILC Should Not Seek to Codify Climate Law

pp 50-62

Debate 3: CBDR Principle

pp 63-85

~ A ~ - In Defence of the Principle of Common but Differentiated Responsibilities and Respective Capabilities

pp 63-75

~ B ~ - The Notion of Common but Differentiated Responsibilities and Respective Capabilities: A Commendable but Failed Effort to Enhance Equity in Climate Law

pp 76-85

Debate 4: Compliance

pp 86-110

~ A ~ - In Defence of the Paris Agreement’s Compliance System: The Case for Facilitative Compliance

pp 86-98

~ B ~ - The Paris Agreement’s Article 15 Mechanism: An Incomplete Compliance Strategy

pp 99-110

Debate 5: Climate Litigation

pp 111-144

~ A ~ - The Essential Role of Climate Litigation and the Courts in Averting Climate Crisis

pp 111-127

~ B ~ - Climate Litigation: A Red Herring among Climate Mitigation Tools

pp 128-144

Debate 6: Human Rights

pp 145-169

~ A ~ - Human Rights Law Can Drive Climate Change Mitigation

pp 145-158

~ B ~ - The Absurdity of Relying on Human Rights Law to Go After Emitters

pp 159-169

Debate 7: Historical Responsibility

pp 170-205

~ A ~ - Redressing Historical Responsibility for the Unjust Precarities of Climate Change in the Present

pp 170-189

~ B ~ - Historical Responsibility for Climate Change Is Political Propaganda

pp 190-205

Debate 8: Climate Migration

pp 206-226