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  • 32 - From Covid-19 to Climate Change: Disaster and Inequality at the Crossroads

  • from Part VII - Disasters and Vulnerable Communities
  • Edited by Susan S. Kuo, John Travis Marshall, Ryan Rowberry
  • Book:
    The Cambridge Handbook of Disaster Law and Policy
    Published online:
    27 October 2022
    Print publication:
    29 September 2022, pp 511-524

  • Summary

    As the pace of climate change accelerates, the impacts of a warming world become more evident and more inevitable. Climate change multiplies and compounds stresses on human and natural systems and amplifies the risk and implications of slow- and sudden-onset disasters worldwide. Some of these risks can be avoided. Some can be alleviated. Some, however, may now or soon be unescapable. The risk continuum is shaped by the degree to which the international community mobilizes to mitigate emissions, to facilitate adaptation, and to prepare for climate-related impacts that cannot be eased or eliminated. The less we do to mitigate, adapt, and prepare, the more acute the risks of climate change become, especially in the global south and especially for already-vulnerable communities. With average global temperatures currently on track to exceed the 2°C target, climate change is expected to multiply the number of people susceptible to poverty, undermine food security, intensify heat and water stress, and increase the risks of fires, storms, flooding, landslides, and infectious and parasitic diseases. In this world of amplified risk, the lines between natural disasters and climate-related disasters blur. Even as these lines blur and the demand for improved coordination grows, critical institutional and legal disjunctions remain. Focusing on the Warsaw Mechanism for Loss & Damage, this chapter examines evolving efforts to construct a more effective and equitable rule of law and institutional framework at the intersection of climate change and disaster law.

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

  • from Debate 5: Climate Litigation
  • Edited by Benoit Mayer, The Chinese University of Hong Kong, Alexander Zahar
  • Book:
    Debating Climate Law
    Published online:
    15 June 2021
    Print publication:
    24 June 2021, pp 111-127

  • Summary

    This chapter debates whether litigation is a meaningful way to attack the problem of climate change mitigation. For the proponents of climate litigation, who side is taken by Cinnamon Piñon Carlarne, their action has the potential to ensure that states take more ambitious action than they would have taken otherwise. But the argument developed on this side is even stronger, namely that the courts have a positive duty to take decisions in support of mitigation of emissions. Guy Dwyer, for the sceptics, contends that litigation is the least promising way to go about addressing climate change mitigation because several unavoidable hurdles that face pro-climate litigants all but guarantee their defeat. Indeed, Dwyer argues, the number of cases that might have caused emissions to be reduced can be counted on half of one hand.

  • On Localism and the Persistent Power of the State

  • Part of
  • Cinnamon P. Carlarne
  • Journal:
    AJIL Unbound / Volume 112 / 2018
    Published online by Cambridge University Press:
    22 October 2018, pp. 285-289
    • Article
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      • Open access
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  • On June 1, 2017, President Trump declared that the United States would “cease all implementation of the non-binding Paris Accord and the draconian financial and economic burdens the agreement imposes on our country.” The United States’ de facto withdrawal from the Paris Agreement represented an important inflection point for conceptualizing the role of nonstate actors in addressing climate change. President Trump's announcement was met with an outpouring of resistance and widespread and concerted efforts to mobilize substate, nonprofit, and private actors to step into the void created by his announcement and to help keep the United States on track to pursue domestic and international commitments to address climate change despite federal recalcitrance. Within the leadership void created by the Trump Administration and amidst the increasingly extensive body of sub- and nonstate climate efforts, it is tempting to decenter the role of the state or to underestimate the persistent power of the state to shape the approach and effectiveness of nonstate actions. Failing to recognize that the state retains significant power in this field undermines efforts to understand the realities within which nonstate actors operate. This creates a set of heightened expectations for these actors that defies the reality of the political, economic, and social resources available to them and masks the challenges inherent in relying upon a fragmented, shifting, and differently accountable set of actors to effect pervasive change.

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