Climate Change and International Environmental Law: Musings on a Journey to Somewhere

25(3) Journal of Environmental Law 437-461 (2013)

Posted: 11 Jul 2014

See all articles by Duncan French

Duncan French

University of Lincoln (UK)

Lavanya Rajamani

Centre for Policy Research

Date Written: September 24, 2013

Abstract

This article considers how far the climate change regime is an exemplar of international environmental law as well as public international law. We focus on five issues: the nature and extent of differentiation in favour of developing countries, the role of soft law, the dynamics of decision-making in multilateral negotiations, the contribution of dispute settlement, and the impact of (and assumptions underlying) scholarly offerings in this field. This article argues that the climate regime has both benefited from normative developments elsewhere as well as contributed to such developments (for instance, as regards the use and absorption of soft law within the regime). The article concludes with a reflection on legal scholarship and climate change and seeks to externalise the challenges, demands, choices and values of those who contribute to the discussion, to recognise the benefit of diversity.

Keywords: differentiation, climate change regime, soft law, consensus based decision-making, dispute settlement, legal scholarship

Suggested Citation

French, Duncan and Rajamani, Lavanya, Climate Change and International Environmental Law: Musings on a Journey to Somewhere (September 24, 2013). 25(3) Journal of Environmental Law 437-461 (2013), Available at SSRN: https://ssrn.com/abstract=2464925

Duncan French

University of Lincoln (UK) ( email )

Lincoln LN2
United Kingdom

Lavanya Rajamani (Contact Author)

Centre for Policy Research ( email )

Dharma Marg
Chanakyapuri
New Delhi, 110022
India

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