National Climate Change Acts: The Emergence, Form and Nature of National Framework Climate Legislation (Global Energy Law and Policy)

This groundbreaking book collects contributions from many of the world’s leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times – anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book’s foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries. Global Energy Law and Policy: Volume 4 Foreword Acknowledgements Contents Contributors Introduction Arrangement and Content of the Chapters 1. What Do We Mean When We Talk about National 'Climate Change Acts' and How Important are They in the Context of International Climate Law? I. Introduction II. What are Climate Change Acts? III. Climate Law Matters IV. Emergence and Strengthening of the ICL Regime V. Weakening of the ICL Regime VI. Strength and Weakness Trends in the ICL Regime So Far VII. Splitting of the ICL Regime into Two Parallel Tracks VIII. The ICL Regime Now and Going Forward IX. Conclusions: The Utility of National Framework Climate Legislation 2. 'Paris Compatible' Climate Change Acts? National Framework Legislation in an International World I. Introduction II. What Does the Paris Agreement Say and Require Parties to Do? III. Why is Paris Relevant for Governance and Climate Laws at the National Level? IV. The Special Case of the EU V. Summary and Conclusions 3. The UK's Climate Change Act I. Introduction II. Background to the Act III. The Form and Content of the Act IV. Carbon Targets and Carbon Budgeting V. The Committee on Climate Change VI. Further Major Components of the Framework VII. Treatment in the Courts VIII. Discussion IX. Conclusions: Closing Remarks on an Uncertain Future 4. Mexico's Framework Legislation on Climate Change: Key Features, Achievements and Challenges Ahead I. Introduction II. Background to the Act III. The Path to the Adoption of the Law IV. The Form and Content of the 2012 Law V. Enabling Energy Transition Legislation VI. The 2018 Amendment to the LGCC VII. The Implementation of the LGCC and its Impact 5. Denmark's Climate Change Act(s) I. Introduction II. Content of the CCA 2014 III. Negotiating the 2014 CCA IV. Implementing the 2014 CCA V. A Citizens' Initiative Proposal for a New CCA VI. The 2019 Agreement on a Climate Law VII. Conclusion 6. Ireland's Climate Action and Low Carbon Development Act 2015: Symbolic Legislation, Trojan Horse, Stepping Stone? I. Introduction II. The Circuitous Route to Ireland’s Climate Act III. The Climate Act 7. The Swedish Climate Policy Framework Including the Climate Act I. Introduction II. Background to the Act III. The Swedish CPF and the Climate Act IV. The Swedish CPF and Sweden's Climate Targets V. The Swedish CPF and the Climate Policy Council VI. Adaptation and Capacity Building VII. Some Critical Views on the Climate Act VIII. The CPF in Action IX. The Climate Act and Environmental Permits for Large Emitters X. Conclusions 8. The Dutch Response to Climate Change: Evaluating the Netherlands' Climate Act and Associated Issues of Importance I. Introduction II. The Netherlands Climate Act III. The Climate Act and its Compatibility with International Law IV. The Climate Agreement V. The Climate Act and Agreement and the Urgenda Litigation VI. Conclusion 9. The New Zealand Legislation: Pursuing the 1.5°C Target Using a Net Zero Approach I. Background II. Emergence III. The Basic Architecture of the Bill IV. Selected Issues V. Conclusions: The Bigger Picture 10. Conceptualising and Formulating National Climate Change Acts I. Introduction II. National Climate Change Acts: Lessons Learned and Emerging Issues III. National Climate Change Acts: Foundations, Components and Development IV. Conclusions Index "This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries."--Page 4 de la couverture "This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national climate change acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for climate change acts that can usefully inform the development of national framework climate legislation in all countries"-- Provided by publisher Introduction / Thomas L Muinzer -- What do we mean when we talk about national 'climate change acts' and how important are they in the context of international climate law ? / Thomas L Muinzer -- 'Paris compatible' climate change acts? national framework legislation in an international world / Matthias Duwe and Ralph Bodle --The UK's Climate Change Act / Richard Macrory and Thomas L Muinzer -- Mexico's framework legislation on climate change : key features, achievements and challenges ahead / Alina Averchenkova -- Denmark's Climate Change Act(s) / Sarah Louise Nash -- Ireland's Climate Action and Low Carbon Development Act 2015 : symbolic legislation, trojan horse, stepping stone? / Andrew Jackson -- The Swedish climate policy framework including the climate act / Åsa Romson and Kristina Forsbacka -- The Dutch response to climate change : evaluating the Netherlands' Climate Act and associated issues of importance / Otto Spijkers and Sofie Oosterhuis -- The New Zealand legislation : pursuing the 1.5 °C target using a net zero approach / Prue Taylor -- Conceptualising and formulating national climate change acts / Thomas L Muinzer