Strategic litigation has become an increasingly popular way for citizens and civil society groups to influence climate policy and to hold governments to account. Reflecting the sharp rise in cases across the globe this first issue of the Carbon & climate Law Review – CCLR includes three contributions offering analysis on the development of quasi-loss and damage compensatory system, climate litigation in France and on resolving disputes between investors. This issue’s lead article offers a detailed and comprehensive account of COP25. Also in this issue: current developments in Carbon & Climate Law, book reviews and a list of new publications.

 

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This Special Issue of CCLR, drafted primarily by African legal practitioners and scholars, directly engages with how a number of African countries have sought to address climate change at a national level. It does so by providing a limited overview of, and critical reflection on, recent developments in climate change legislation and regulation in the region.

 

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  View the full content of CCLR 4/2019

Closing the ambition gap and adapting to the growing impacts of climate change are two of the most vexing and critical challenges in the current climate debate. Articles in this issue of the Carbon and Climate Law Review squarely address both challenges, offering analysis and discussing potential solutions from a legal perspective. All articles in this issue highlight pivotal governance and regulatory challenges we face as we proceed down the difficult path towards decarbonizing our economies and making our world more resilient to climate change. In doing so, they underscore that no simple solutions are apparent, and that no response to climate change is free of complex normative questions and intricate links to other vested aspirations.  

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  View the full content of CCLR 3/2019

Can technological solutions halt climate change and its impact on the environment? The aim of this special issue of the Carbon and Climate Law Review (CCLR) is not to answer this question, but to underline the implications of the increasing ‘techno solutions’ discourse and to offer an analysis of the state of knowledge at the intersection of three approaches: epistemological, political and legal. Taking an epistemological approach, Sébastien Dutreuil’s article places the representations of earth, driven by different promoters and detractors of the climate technologies, in a historical and conceptual context. On a political level, the risks of the unilateral use of these techniques by States and companies are highlighted by Daniel Compagnon. Tackling the issue from a legal point of view, Benoît Mayer’s contribution to this issue provides a comprehensive overview of the rules of international law that apply to the deployment of BECCS. Also taking a legal approach, Sophie Gambardella’s article focuses on the applicability of international environment law and the international law of the sea to engineering proposals in regard to ocean-related matters. The special issue is complimented by an ‘In the Market’ report from China by Christopher Tung and Loveday Liu.  

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  View the full content of CCLR 2/2019  

With its track record of climate disruption and unabated emissions growth, 2018 might sow doubt about the viability of meaningful climate action. And yet, by following a trajectory from international cooperation to efforts at the national and subnational level, and even to the role of traditional indigenous practices, the articles in this issue collectively affirm both the importance and availability of climate solutions that transcend all geographic, political and cultural boundaries. In addition to articles on COP 24, indigenous knowledge in climate solutions, liability and responsibility, climate change and the Security Council and discontinuity and conflict in U.S. climate policy, this issue includes reports on legal developments in Europe and internationally.    

When the Intergovernmental Panel on Climate Change (IPCC) released its Special Report on Global Warming of 1.5°C this past October, it recited a familiar message, but expressed that message in the direst terms yet: climate change impacts are already being felt around the world, exacting a considerable toll on natural and human systems. If we are to avoid this outcome it is clear we need effective policies. Featuring articles on the political economy of carbon pricing, fiduciary duties incumbent on pension fund trustees, non-adversarial parametric Insurance schemes and agricultural policies in climate governance, this issue illustrates the challenges that politics pose to drawing up policies to meet challenges outlined in the IPCC report.

Between 3 – 14 December climate negotiators from around the world will once again meet at the annual Conference of Parties (COP). Taking place in Katowice, this year’s COP is expected to finalize the rules for implementation of the Paris Agreement on climate change under the Paris Agreement work programme (PAWP), otherwise known as the Paris Rulebook. With this in mind we have dedicated a Special Issue to exploring a variety of issues that make up the ‘Rulebook’, including further guidance for the contents and features of Parties’ five-yearly nationally determined contributions (NDCs), accounting rules, modalities for the Agreement’s review mechanisms (transparency framework, global stocktake and implementation and compliance mechanism), and rules for the operation of the new cooperative mechanisms established by the Agreement. With COP24 fast approaching, this special issue offers an excellent preparatory guide for those attending the conference or interested in its outcomes.

Over the last two decades a multifaceted legal regime which governs, regulates and steers climate action has emerged. Featuring articles, amongst others, on international climate diplomacy, climate litigation, the implementation of REDD+ and the international carbon currency market, the latest issue of the Carbon & Climate Law Review is reflective of the scope of this regime. In addition to the six in depth articles, Issue 2/2018 also includes updates on developments in North and Latin America as well two book reviews.

CCLR 1/2018 is a Special Issue on the legal aspects of the hotly debated 1.5°C target. All countries recognise the existence of climate change, its anthropogenic nature and the need for international action on climate change mitigation. Nevertheless, the level of global ambition on climate change mitigation has been the object of a protracted debate. This issue offers six in depth Articles on these ambitions. Specific topics of discussion include, the risk of unintended consequences, carbon pricing and its potential as an instrument of deep decarbonisation in line with the 1.5°C target and national legal frameworks which seek to turn NDCs into reality. View all articles of the current issue CCLR 1/2018.

 

Become an Author for CCLR and view our Call for Papers.

 

I. Submission

Spontaneous contributions are welcome and should be sent to the Editor-In-Chief Michael Mehling at mehling@lexxion.eu or the Executive Editor Jakob McKernan at mckernan@lexxion.eu.

II. Quality statement, editorial review and general terms of publication

Submission – All pieces should be submitted in our house style in accordance with the Author Guidelines of the specific journal, available on their respective websites.

Authors guarantee that they have not submitted the (same or similar) manuscript elsewhere (including other publishing houses, online platforms etc) simultaneously, while waiting for the outcome of the review process. Authors who have submitted their manuscript for consideration to a Lexxion journal may publish a pre-peer review version of their work on the Social Science Research Network (SSRN). However, once the manuscript has been published in the journal, the authors have responsibility to remove the draft version from SSRN.

Disclaimer – Under no circumstances Lexxion Publisher can be held liable in respect of any material submitted and published, and cannot be held responsible for its content and accuracy by the contributing author. Nonetheless, we will, if notified and having satisfied ourselves of the bona fides of the notification, remove any content that might constitute a legal violation, such as material submitted in potential breach of copyright.

Copyright and Plagiarism – By submitting material for publication, the author guarantees that he or she is the original copyright holder of the work in question owning the legal rights to use the information. As such, Lexxion Publisher has no legal liability regarding any copyright claims, but will simply remove offending articles as/when we are advised of any breaches.

Review – All articles are subject to peer review in accordance with the Author Guidelines of the respective journal. A submission will be considered for publication in the next two issues after acceptance.  Longer processing may occur due to review processes or other factors determining the content of the issue such as the need to offer thematically balanced issues. The publication of any material submitted will be at the sole discretion of Lexxion Publisher.

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Offensive Content – Any material deemed defamatory, racist, or otherwise illegal or offending will in any case not be approved for publication.

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Fees and Open Access Publication – No fees are applied under the standard publication policy. Lexxion does offer authors the possibility to publish Open Access (OA). Under the OA publication policy: i) the final published article is made freely accessible to the public immediately upon publication, ii) authors retain the rights to republish their work, iii) authors, their institutions or funding bodies are obliged to pay an OA fee. The amount of the OA fee per contribution is equivalent to the campus license subscription fee for the respective journal. Contributions published under the OA policy must still successfully pass peer review in accordance with the journal’s Author Guidelines. If the contribution does not pass peer review, authors do not pay an OA fee. It is also possible for authors to opt for the OA policy at any future point after publication.

Download author guidelines.

The need for clarity on agreed ethical standards for everyone involved in the publishing process (authors, editors, reviewers, and the publisher) is a necessary publication prerequisite for all journals published by Lexxion Verlagsgesellschaft mbH (the publisher).

This statement is meant to be a resource to rely on in case of doubt or dispute.

This Publication Ethics and Malpractice Statement is based on COPE’s Best Practice Guidelines for Journal Editors, which is also the reference text if further clarifications and information are needed.

The preparation for the publication of a journal is the charge of its Editorial Team, usually comprised of the Editorial Board, Managing Editors or Editors-in-Chief and Executive Editors. Other Editors may be appointed as necessary.

Editorial Board members are recognised experts in their fields and include academics, legal professionals, scientists, government and EU officials, and other authorities.

1. General Duties of the Publisher
   • Journals are accountable for the content published, through their reviewing and checking processes. Therefore they also hold the responsibility for deciding which contributions should be published. This choice is made on the basis of the quality and novelty of the material, and of its integrity in order to meet the needs of readers and authors.
   • Lexxion supports equal rights and opportunities; therefore every article submitted is taken into consideration and evaluated for its content, without discrimination on any of the grounds set forth in Article 14 of the European Convention on Human Rights.
   • Journals published by Lexxion do not disclose information on their evaluation of an article to any of the parties involved in its preparation for publication. The same applies to unpublished material, unless with the specific consent of the authors.
   • The publisher commits to act promptly in case any published material requires corrections of significant import, retractions, clarifications and apologies, as appropriate to each case. Corrections shall be adopted only if they refer to facts or events prior to the submission of the final manuscript and substantially affect the work. Minor or cosmetic corrections, including typos, updates, revisions etc will not be allowed after publication.
2. General Duties of the Editors
   • The members of the Editorial Teams shall act in a professional, balanced, fair and objective manner in carrying out their duties to the journal, without discrimination on any of the grounds set forth in Article 14 of the European Convention on Human Rights.
   • This shall apply to all situations, but especially the treatment of authors and assessment of submissions for publication. These shall be considered solely on the basis of the quality of their content and the ethical standards set herein.
   • The Editorial Teams shall duly follow these ethical guidelines and act diligently in cases of suspected misconduct, adopting reasonable measures and procedures to deal with complaints and conflicts.
   • Editors shall refrain from involvement in any review or situation in which a conflict of interests may arise.
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   • Reviewers shall follow this PEMS and our other specific guidelines and provide an unbiased, non-personal, and objective review of the contributions submitted to them. The reviews must be a tool for improving the quality of the papers, therefore any criticism by the reviewers must be supported by strong arguments, be as clear and specific as possible and remain respectful at all times.
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   • When accepting the review of a contribution, reviewers shall commit to following all mutually-agreed-upon deadlines and not unduly delay or postpone the review. If unwilling or unable to finish a review, reviewers shall promptly notify the Editorial Team, and attempt to the best of their abilities to find a replacement.
   • Reviewers must immediately inform the Editorial Team of any actual or potential conflict of interests, including those arising after the initiation of their review. The Editorial Team shall act accordingly based on this information.
4. General Duties of the Authors
   • Authors must present an accurate account of the work performed and provide or reference sufficient material to permit the check or replication of their work. If the work has more than one author, all of them must have significantly contributed to the research; conversely, all significant contributors shall be duly identified. If requested, authors shall clarify to the Editorial Team who was responsible for which part of the work.
   • Authors ensure the originality of their work and the proper citation of, reference or credit to the works of others present in their own, in terms of both specific quotation and general influence and guidance.
   • In accordance with Lexxion’s Terms and Conditions, authors shall not submit a contribution to multiple journals or publishers at the same time, nor shall they submit contributions already published (partially or as a whole), even if in another language.
   • Authors must verify and guarantee compliance with ethical standards in the treatment of participants (human or animal) and provide information about the procedures adopted in their studies. Any relevant financial support, direct involvement in a matter discussed in the work (such as judicial proceedings) or other relevant affiliations shall be clearly stated in the work.
   • In case an author discovers a significant error or inaccuracy in their own published work it is the author’s responsibility to immediately notify the publisher or the journal’s Editorial Team, who shall act promptly as appropriate. Authors shall remain available to make such corrections at the request of the publisher or Editorial Team.
   • Authors shall pledge to follow this PEMS and the Author Guidelines of the respective publication, making sure that their work adheres to them entirely before submission. Contributions that do not do so may be summarily rejected.
   • Authors are obliged to take part in the review process by remaining available for any changes, modifications, improvements etc as may be required by reviewers and Editorial Teams. These shall be considered as mandatory conditions for publication; authors shall strive to adopt them to the widest possible extent. Clear and objective justification shall be given by authors if any request hasn’t been met. Editorial Teams reserve the right to return any insufficiently modified contribution to authors for further work, or to reject its publication.
   • Authors shall undertake to follow all assigned deadlines strictly, without undue or unjustified delays. Any delay must be communicated to the Editorial Team prior to the original deadline; failure to do so may result in the summary rejection of a contribution.
   • Upon the first submission of a manuscript, authors must clearly inform the publisher of any prior commitments or obligations they are under which may affect the licensing of their work, including (but not limited to) obligations to make research freely available. Failure to do so may incur the sole liability of the author.
5. Publication Ethics
   • Under no circumstance shall Lexxion publish any work where research misconduct (including but not limited to plagiarism) has knowingly occurred, nor encourage or knowingly allow such misconduct to take place. It shall take reasonable steps to identify and prevent the publication of such works.
   • In the event such misconduct or allegations thereof are brought to the attention of the publisher or Editorial Team, by any person whatsoever, they shall deal with such information as appropriate to each case. The identity of the source shall be protected unless this is explicitly waivered by the same.
   • The case shall be treated discretely and confidentially as much as possible or required by the situation, and no information or allegation shall be made public until the end of the inquiry, and only if so required.
   • All persons involved or alleged to be involved shall be given ample opportunity to clarify the matter.
   • The Editorial Teams and the publisher shall strive to seek the most accurate information possible to guide any decision.
   • Without prejudice to other actions, the publisher shall promptly correct, retract, remove or otherwise remedy any work it published in which misconduct has occurred.
   • The publisher reserves the right to seek judicial remedies, inform or alert professional associations, ethics committees, funding bodies, employers etc, or to take any other action it deems appropriate according to the severity of the misconduct.
6. Peer-review
   All articles submitted to a Lexxion journal are peer-reviewed. Review processes vary per journal and are described in their respective Author Guidelines. The choice and assignment of reviewers is at the sole discretion of the Editorial Team; details thereof shall not be discussed or made public, and authors may not make any requests in this regard.