Climate Change Law in an Era of Multi-Level Governance

Transnational Environmental Law, Volume 1, Issue 2, 2012

U of Melbourne Legal Studies Research Paper No. 573

61 Pages Posted: 29 Mar 2012 Last revised: 30 Oct 2012

See all articles by Jacqueline Peel

Jacqueline Peel

University of Melbourne - Law School

Lee C. Godden

University of Melbourne - Law School

Rodney Keenan

University of Melbourne

Date Written: March 28, 2012

Abstract

As international negotiations struggle to deliver timely, binding commitments to reduce greenhouse gas emissions to safe levels, the environmental legal community has begun to contemplate the scope for climate governance ‘beyond’ the international climate change regime. Many see merit in a more decentralized, disaggregated approach, operating across multiple governance levels. This article examines the development of climate change law in an era of multi-level governance. It analyzes several case studies of current manifestations of multi-level governance in climate change law, including: the fragmented global emissions trading system; developing arrangements governing forests and land-based sinks; the growth of climate litigation establishing transnational liability principles; efforts to ensure adaptation to unavoidable climate change; and the emergence in federal systems of a decentralized approach to climate change regulation. The article concludes by considering whether the emerging multi-level system of climate governance is adequate to meet broader international goals of climate change mitigation and adaptation.

Keywords: climate, governance, climate change

JEL Classification: K00, K39, N50

Suggested Citation

Peel, Jacqueline and Godden, Lee C. and Keenan, Rodney, Climate Change Law in an Era of Multi-Level Governance (March 28, 2012). Transnational Environmental Law, Volume 1, Issue 2, 2012, U of Melbourne Legal Studies Research Paper No. 573, Available at SSRN: https://ssrn.com/abstract=2030547

Jacqueline Peel (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+613 8344 1115 (Phone)
+613 9347 2394 (Fax)

HOME PAGE: http://https://law.unimelb.edu.au/about/staff/jacqueline-peel

Lee C. Godden

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Rodney Keenan

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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