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Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".
Sommario
Editorial.- PART I - Climate Change & Liability.- Climate Change Challenges Constitutional Law: Contextualising the German Federal Constitutional Courts Climate Jurisprudence within Climate Constitutionalism.- Trans-Nationally Determined Contributions for climate justice: Resolving a Paris Agreement's contradiction that is working against developing states.- The Green Climate Fund, Climate Change and Corporate Due Diligence: What Role for the Private Facility Sector?.- Market Access Conditionality and Border Carbon Adjustments.- Removing Barriers to Climate Change Litigation: The Progressive Erosion of Central Banks' Immunity.- The WTO Panel Report on US-Safeguard Measure on PV Products: A Decisive Victory for the Fight Against Climate Change?.- The Innovative Trade and Climate Action-Linkage in the EU-UK Trade and Cooperation Agreement - A Template for the EU's New Approach to Green Trade Agreements.- The Investment Treaty Regime and the Clean Energy Transition.- Making the Energy Charter Treaty Climate-Friendly: An (Almost) Impossible Leap.- Making Finance Flows Consistent with the Aims of the Paris Agreement - Roles, Obligations, and Limitations of the EU Banking Sector and Its Regulatory and Supervisory Institutions.- The Double Materiality Principle (Article 19a NFRD) as Proposed by the Corporate Sustainability Reporting Directive - An Effective Concept to Tackle Green Washing?.- Assessing the Climate of 'Shareholder based Climate Change Litigation' in the Global South.- From Unilateral Border Carbon Adjustments to Cooperation in Climate Clubs: Rethinking Exclusion in Light of Trade and Climate Law Constraints.- Environmental and Sustainability Aspects in EU Competition Law - Towards a "More Economic & Ecological Approach" under Article 101 TFEU?.- Climate-Related Individual Rights Under EU Secondary Law and Limitations to Their Material Scope.- Reducing GHG Emissions in a Constitutional Democracy - When EU Civil Courts adjust the EU Emission Trading System.- The Proposed EU Regulation on Trade in Forest-Risk Commodities (FRCs): A First Assessment.- PART II - Current Challenges, Development and Events in European and International Economic Law.- Seven Years Inside the Trade Defence Machinery Room - How Political is the European Commission?.
Relazione
"Over its more than a decade-long existence, the European Yearbook of International Economic Law (EYIEL) series has steadily contributed to the growth and maturity of its namesake scholarly discipline. Each year, the EYIEL volumes hold a mirror to the zeitgeist, reflecting diverse ideas and viewpoints animating the IEL community all across the globe. ... It is a hefty 581-page volume comprised of 18 contributions which provide an in-depth, kaleidoscopic take on diverse legal aspects of climate change and liability." (Zaker Ahmad, Journal of World Investment & Trade, Vol. 25 (3), June, 2024)
