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Legal Responses to Climate Change

Legal Responses to Climate Change

By Dr Nicola Swayne


The challenges of climate change pose problems requiring new and innovative legal responses by legal practitioners, government officials and corporate officers.

This book addresses a broad range of topic areas where climate change has impact and systematically analyses the key legal responses to climate change, both at the international level and within Australia at federal, State and local levels.

In particular, it critically examines:

  • the rights, duties and market mechanisms established under the international climate change regime
  • the effect of climate change policies on the implementation of environmental and planning laws
  • new regimes for the implementation of renewable energy and energy efficiency initiatives
  • legal frameworks for the implementation of biological and geological sequestration projects (including forest projects and carbon rights); and
  • legal principles for the design of an effective carbon trading scheme for Australia

It also considers the role of the common law including:

  • the likely response of the law of torts to emerging forms of climate change harm; and
  • potential liabilities for professionals who must take climate change into account in their decision-making and advice

Dr Nicola Durrant is now known as Dr Nicola Swayne.


The Role of Law in Responding to Climate Change

Part I - Setting the Foundations

Science and Economics of Climate Change
Comparative Models of Atmospheric Regulation

Part II - The International Response to Climate Change

Architecture of the UNFCCC and Kyoto Protocol
The Kyoto Flexibility Mechanisms
Monitoring and Enforcement of the International Climate Change Regime
Future Directions Post-Copenhagen

Part III - Australia’s Legislative Response to Climate Change

The Traditional Approach to Emissions Reductions
Creating an Effective Emissions Trading Scheme
Renewable Energy and Tradeable Certificates
Energy Efficiency in the Property Sector

Part IV - Sequestration and Offset Projects in Australia

Legal Issues in Biological Sequestration
Rights and Liabilities in Carbon Capture and Storage

Part V - Environmental Law and Climate Change Harm

The Role of Environmental Law in Minimising Harm
State-Based Assessment of Greenhouse Gas Emissions
Assessment and Approval under Federal Environmental Law
Facilitating Adaptation to the Impacts of Climate Change

Part VI - Common Law of Torts and Professional Liability

The Hypothetical Climate Suit in Negligence
Climate Change and Causation Issues
Liabilities of Local Authorities in Adapting to Climate Change
Prospects of Success and Insurance
Professional Liability and Climate Change

Published 23 November 2010
Publisher The Federation Press
ISBN 9781862878082
Australian RRP $59.95
International Price $55.00
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Law - Environmental

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