KARIN BUHMANN, Roskilde University; Department of Communication, Business and Information Technologies
Email: buhmann@life.ku.dk
KIM ØSTERGAARD, CBS
Email: koe.jur@cbs.dk
RASMUS KRISTIAN FELDTHUSEN, University of Copenhagen - Faculty of Law
Email: rasmus@jur.ku.dk
HELLE TEGNER ANKER, University of Copenhagen - Department of Food and Resource Economics
Email: hta@ifro.ku.dk
FRANZ AMDI HANSEN, University of Copenhagen - University of Copenhagen Faculty of Law
KARSTEN ENGSIG SØRENSEN, Aarhus University - Department of Law
Email: kas@asb.dk

This overview of Danish law related to companies’ conduct and impact on environment and climate change has been undertaken under the ‘Sustainable Companies’ project hosted at the Department of Private Law at the University of Oslo. The ‘mapping’ of national law – including in particular company law – in various countries forms a major part of the empirical studies undertaken under that project. The ‘mapping’ of Danish law has been undertaken according to a general structure applied by all studies under the project, and the selection of issues described in here must be understood on that background. Environmental law has been seen under the project as essentially related to climate change. Some other issues related to sustainable development and company conduct have been addressed as well, in particular in relation to Corporate Social Responsibility (CSR). In the current paper, this particularly applies to issues covered by the Danish CSR reporting requirement, which in addition to environment and climate change mitigation measures broadly applies to human rights, social issues such as working conditions, and anti-corruption measures. The ‘mapping paper’ by way of introduction describes the context for Danish law related to environment and climate change and CSR in a general sense, sources of law and jurisdiction specific issues, types of companies, shareholding structure etc. (section 1); the purpose of the company, duties and competence of the company organs, and corporate governance issues (section 2); reporting and auditing (section 3); liability and enforcement (section 4), general observations including taxation, remuneration as a climate change incentive, and marketing law (section 5); parent-subsidiary issues, including monitoring, control and duties of the company organs (section 6); and finally special enforcement issues and a general evaluation (section 7).

ALICE KASWAN, University of San Francisco - School of Law
Email: kaswan@usfca.edu

Given the inevitability of serious climate impacts, climate change adaptation is becoming an urgent priority. Policy makers at the local, regional, state, and federal level are struggling to determine how to parlay existing authorities and develop new measures to avoid future calamity.

Successful adaptation will require not only attention to physical infrastructure, but to the underlying socioeconomic conditions that strongly determine the severity of climate impacts. Given the importance of underlying socioeconomic factors, this essay argues that equity should be a central feature of emerging domestic climate adaptation initiatives. It suggests seven principles for achieving equitable adaptation, principles designed to improve substantive adaptation outcomes, ensure meaningful participation, and grapple with underlying inequities.

This essay is a shorter version of “Domestic Climate Change Adaptation and Equity,� a longer article that includes a more detailed discussion of projected climate impacts and their equity implications.

TONY GEORGE PUTHUCHERRIL, Dalhousie University - Marine and Environmental Law Institute
Email: tonygeorge00@gmail.com

Climate change and sea level rise are realities that are upon us which will profoundly impact the lives and basic rights of millions of coastal residents all over the world. As the law stands both at the international and at certain national levels, the basic human rights of the climate displaced are not adequately protected. This paper identifies two possible displacement scenarios, based on the continued availability/non-availability of land in the face of sea level rise and other climate change impacts, namely, the sinking Small Island Developing States phenomeon where land disappears and there is no surplus land to support habitation and all other cases where the coastal land is battered severely but it can be re-utilised through appropriate adaptation measures or even if coastal frontage land disappears there is still land available inland. On this basis, it forwards three possible solutions: 1) bilateral or regional treaties to facilitate resettlement of the inhabitants of sinking Small Island Developing States, 2) appropriate coastal climate change adaptation implemented via integrated coastal zone management and 3) creation of new arrangements under the international climate change regime to provide financial assistance and technological support to respond to both situations. Even though the primary focus of this paper is on coastal communities in South Asia, the lessons that it offers are relevant to other coastal contexts as well.

SYLVANUS BARNABAS, Aberystwyth University
Email: sylvanusbarnabas@yahoo.com

The principle of Common but Differentiated Responsibilities (CBDR) invokes equity and fairness concerns with regard to the sharing of responsibilities under international environmental law. Its application in the context of climate change throws up a number of challenges on how to distribute responsibilities for mitigation and adaptation actions among States. This paper reviews the evolution and application of CBDR under the international regime on climate change. The main argument is that CBDR under the climate change regime is fraught with ambiguities regarding its meaning, beneficiaries and manner of application. It is not clear whether the benefits and responsibilities it imposes on States are meant to evolve or not. The paper contends that though CBDR has enhanced consideration of the equity and fairness sentiments about how to combat climate change, the lack of clarity about its meaning and the manner of its application have hindered effective international cooperation in addressing climate change. Hence, there is an urgent need to review CBDR and the manner of its application under the climate change regime. The paper focuses on international climate change instruments like the United Nations Framework Convention on Climate Change and the Kyoto Protocol as well as a number of United Nations documents, international conferences reports and declarations.