Issue 2/2020 of the Carbon and Climate Law Review in 2020 is out now. The issue features contributions on geoengineering and the public trust doctrine, the recent Rocky Hill decision, the New Zealand oil exploration ban and agricultural sector deal and justice in emissions trading design. The issue also includes the first piece of our new feature Practitioners Perspective’s and an update on legislative and policy developments in Latin America and the Caribbean. View all content now >>

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

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.

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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.
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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.
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4. General Duties of the Authors
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   • 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.
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   • 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.
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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.