Pathfinder – A Guide to International Law and Global Climate Change

Title – A Guide to International Law and Global Climate Change

Byline – Darren J. Ayoub – J.D. Candidate 2010

Date – July 12, 2009

Outline of sections

  1. Brief Overview
  2. Introductory Texts
  3. List of Key Abbreviations
  4. Dictionaries and Directories
  5. Treaties
  6. Principal Institutions involved
  7. Legislation
  8. Case Law
  9. Selected Journals
  10. Secondary sources
  11. Blogs
  12. Multimedia
  13. RSS feed
  14. Tutorials
  15. Research Guides
  16. Example
  17. Conclusion
  18. Suggestions for further reading
  1. Brief Overview
  2. This pathfinder is intended for anyone doing research in the area of Climate Change as it relates to international law and the United States. An emphasis has been placed on electronic and web-based resources as these are arguably the most efficient means of research. The information which follows outlines current international agreements with related commentary, scientific, legal and layman sources of information.
  1. Introductory Texts
  2. Intergovernmental Panel on Climate Change, Climate Change 2007: Mitigation of Climate Change, 1st edition (2008). (Report compiled by the IPCC, full text available online)
  3. Farhana Yamin, Climate Change and Carbon Markets: A Handbook of Emissions Reduction Mechanisms, Earthscan Publications Ltd. (2005). (Coverage begins with the Kyoto Protocol and continues through Carbon Trade Markets. Full text available on google books.)
  4. List of Key Abbreviations
  5. IPCC – Intergovernmental Panel on Climate Change
  6. UNCED – United Nations Conference on Environment and Development
  7. EPA – Environmental Protection Agency (Agency in charge of executing environmental policy in the U.S.)
  8. CAA – Clean Air Act (U.S. Code which allows for regulation of greenhouse gases.)
  9. Dictionaries and Directories
  10. Energy Citations Database (Developed by the U.S. Dept. of Energy to improve scientific and technical information. Good source for understanding the science involved behind policy.)
  11. (U.S. government website. Excellent dictionary of related environmental and climate change topics.)
  12. Treaties
  13. United Nations Framework Convention onClimate Change (165 signatories) (This treaty provides the basis for international recognition of climate change.)
  14. Kyoto Protocol (84 signatories) (The U.S. is a signatory to the treaty, but has not ratified it, therefore, the U.S. is not bound. The treaty provides a working framework for the European carbon cap-and-trade model.)
  15. Agreement establishing the Inter-American Institute for Global Change Research (Treaty among North, Central and South American states. More emphasis on the collaboration of research and socio economic implications of climate change then resolutions to combat greenhouse gas emissions.)
  16. North American Agreement on Environmental Cooperation (CA, US, MX) (Part of NAFTA. Key objectives include promoting sustainable development, pollution prevention policies and compliance with environmental laws.)
  17. Principal Institutions involved
  18. NGOs, IGOs, Governments, Agencies, etc.
  19. IGOs
  20. IPCC (The IPCC is a scientific intergovernmental body set up by the World Meteorological Organization (WMO) and by the United Nations Environment Programme (UNEP) to provide parties interested in climate change with an objective source of information about climate change.)
  21. CEC (Commission on Environmental Cooperation. Commission created under the North American Agreement on Environmental Cooperation.)
  22. NGOs
  23. Environmental Defense Fund (The EDF is a nonprofit organization that evaluates environmental problems and advocates market based solutions.)
  24. CICERO (Center for International Climate and Environmental Research - Oslo.CICERO has a national mandate to make information about climate research and climate policy accessible to various target groups: students, teachers, politicians, government, industry and business, media and the general public.)
  25. Clean the Air (Chinese charity organization dedicated to improving air pollution in Hong Kong.)
  26. Legislation
  27. American Clean Energy and Security Act of 2009 H.R. 2454 (Most current legislation. Passed the House on June 26th, 2009. “An Act to create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.)
  28. Clean Air Act,42 U.S.C. §7401 et seq. (Last major amendment in 1990. Allows for regulation of greenhouse gases.)
  29. Endangered Species Act, 16 U.S.C. §460 et seq. (Requires federal agencies to ensure actions are not likely to jeopardize the continued existence of list species.)
  30. Case Law
  31. Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007) (Supreme Court decision which ruled that the Clean Air Act provides for regulation of greenhouse gases.)
  32. Lexis: By Topic or Headnote > Environmental Law > Air Quality > Emission Standards > Federal & State Cases > “climate change” (paid subscription required)
  33. Westlaw:All DatabasesTopical Materials by Area of PracticeEnvironmental Law> International & Foreign Environmental Regulations > “climate change” (paid subscription required)
  34. Environmental Law Net (Excellent resource for national and international laws, treaties and cases.)
  35. (Flowchart created by Arnold & Porter LLP. Comprehensive flowchart of U.S. climate change litigation.)
  36. Selected Journals
  37. Indexes
  38. WorldLii > Categories > Subjects > Environment > Law Journals
  39. HeinOnline > Libraries > International & Non-U.S. Law Journals > “climate change” (subscription required)
  40. Key articles
  41. The International Climate Change Agreement: An Evolution, UNSWLJ 36 (2001)
  42. The United Nations Framework Convention on Climate Change: A Commentary, Bodansky, Daniel, 18 Yale J. Intl L 451 (1993)
  43. Secondary sources
  44. Corporate and the Flexible Mechanisms in the Climate Change Regime: The Privatisation of Sustainable Development, 32 S. Afr. Y.B. Int'l L. 396 (2007)
  45. Implementation, Compliance and Effectiveness: Compliance with International Environmental Treaties: The Empirical Evidence, 91 Am. Soc'y Int'l L. Proc. 250 (1997)
  46. Blogs
  47. (includes links to 92 other blogs)
  48. (Vice President Al Gore’s blog)
  49. (New Zealand Climate Science Coalition)
  50. Multimedia
  51. Videos
  52. “Home” Feature Film by Yann Arthus- Bertrand (Film which profiles environmental degradation and civilizations living with the results.)
  53. HR 2454 - (Video from EDF discussing the passage of the house bill and plans for Senate and beyond.)
  54. PowerPoints
  55. Global Warming: What are the Long Term Risks?, Michael Oppenheimer
  56. Podcasts
  57. Podcastdirectory.com > search > “climate change”
  58. RSS feeds
  59. All Gore’s feed
  60. CICERO feed
  61. EDF Global Warming Feed
  62. Tutorials
  63. CALI – International Environmental Law: Implementing the Convention on International Trade in Endangered Species (CITES) in the U.S. (requires password)
  64. Research Guides
  65. AcademicInfo.net (Excellent research guide covering Global Warming and Climate Change – links to law, studies, treaties and international sites.)
  66. Example
  67. Conclusion
  68. There are many sources of information that deal with topics such as “global warming” or “climate change” as they relate to policy and science. However, there is a significant gap in the area of these topics as they relate to international law. The crowning achievement in this area of law is the Kyoto Protocol. Because this topic is in its infancy (less than 30 years old), there is likely to be much more attention and action in the coming years. It is worth noting that the United States is only a signatory to the Kyoto Protocol and has yet to ratify it or be bound by its policies.
  69. Suggestions for further reading
  70. Brookings Institute on Climate Change