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Special Issue "Climate Change and International Economic Law: Chiasms and Complementarities"
A special issue of Laws (ISSN 2075-471X).
Deadline for manuscript submissions: closed (15 June 2015).
2. Professor of Law and Faculty Co-Director of LLM and International Programs, Northeastern University School of Law 400 Huntington Ave, Boston, MA 02115, USA
Tel. +1 (617) 373-7331
Interests: public international law; trade law; sustainable development; international environmental law; international institutions and governance; international relations and political science
The relationship between international environmental regulation and global economic governance has long been seen as replete with conflicting discourses with missed opportunities for cooperation. However, the concerns surrounding climate change make a pressing case for a more coherent approach.
While international economic law and multilateral efforts to regulate climate change mutually acknowledge each other, neither is really designed to account for the other’s objectives. As a result, environmental measures often have to be justified as exceptions to trade disciplines, or come second to investor expectations of benefits in international investment law. At the same time, trade and investment help to disseminate clean energy technologies and make environmental goods and services more accessible to a greater number of consumers and businesses. International finance also acts as a vector to facilitate trade and investment transactions in products and technologies that might help mitigate or remedy our climate impact. In fact, the intent of trade and investment treaties is explicitly the promotion of sustainable development. This suggests that economic development and environmental sustainability, including as it relates to climate change, are actually meant to be complementary. An optimistic view, then, might construe the tensions between the two regimes as mostly the result of outdated path dependent interpretation and implementation shortcomings that should now evolve towards a more holistic approach.
Some prominent trade and environmental scholars have delved into these issues over the past 20 years. Yet, we are now facing additional challenges as the very fabric of international economic regulation is undergoing major transformations. Will the trends towards trade and investment regional agreements create opportunities for a better consideration of the climate impacts of economic activities? Will the increased voices from large emerging countries propose alternative models for managing the relationship between climate regulation and economic law? More generally, what will be the impact of the apparent retrenchment from multilateralism in trade and climate regulation, as both the WTO and the UNFCCC frameworks are unable to act as effective forums for implementing the next steps? In the face of deadlocks at the multilateral level both with respect to climate regulation and trade regulation, are states undertaking unilateral actions to protect the environment through economic law instruments? The EU’s attempt at regulating airline emissions is an example.
Meanwhile, political scientists have developed a substantial literature on governance dynamics in the face of scientific uncertainty and collective action problems such as those raised by international coordination in response to climate change. Can we draw lessons from this research to help devise a more effective approach to climate change domestically and internationally?
This Special Issue aims to bring together a broad range of perspectives, including law, economics, and political science, pertaining to the future avenues for a symbiotic relationship between climate regulation and international economic law. Submissions in two main areas are encouraged:
- Cross-cutting regulatory and governance tools for climate change that reflect the current shifts in state balance of power, public-private instruments, trade and investment instruments, and the renewed interest in the regulation of international finance.
- Subject-matter specific law and policy tools at the intersection of economic law and climate change including those that relate to energy; water; fisheries, forestry/timber and other natural resources threatened by climate change.
Collaborations between legal scholars and social scientists or STEM are encouraged. This Special Issue also particularly welcomes views form different regions of the globe.
Prof. Sonia E. Rolland
Harriet Bulkeley, Liliana Andonova, Michele M. Betsill, Daniel Compagnon, Thomas Hale, Matthew J. Hoffmann, Peter Newell, Matthew Paterson, Charles Roger, and Stacy D. VanDeveer, eds. Transnational Climate Change Governance. Cambridge: Cambridge University Press, 2014.
Bradly J. Condon, and Tapen Sinha, eds. The Role of Climate Change in Global Economic Governance. Oxford: Oxford Uuniversity Press, 2013.
Rosemary Gail Rayfuse, and Shirley V. Scott, eds. International Law in the Era of Climate Change. Cheltenham: Edward Elgar Publishing, 2012.
Felli, Romain. “Cosmopolitan Solutions ‘From Below’: Climate Change, International Law and the Capitalist Challenge.” In Ethics and Global Environmental Policy. Edited by Paul G. Harris. Cheltenham: Edward Elgar Publishing, 2011.
Fiona Marshall, Aaron Cosbey, and Deborah Murphy. Climate Change and International Investment Agreements Obstacles or Opportunities? Winnipeg: International Institute for Sustainable Development, 2010.
Thomas Cottier, Olga Nartova, and Sadeq Z. Bigdeli, eds. International Trade Regulation and Mitigation of Climate Change. Cambridge: Cambridge University Press, 2009.
Edith Brown Weiss. “Climate Change, Intergenerational Equity, and International Law.” The Vermont Journal of Environmental Law 9 (2008): 615–27.
Eric Bluemel. “Unraveling the Global Warming Regime Complex: Competitive Entropy in the Regulation of the Global Public Good.” University of Pennsylvania Law Review 155 (2007): 1981–2049.
Jeremy Baskin. “The Impossible Necessity of Climate Justice?” Melbourne Journal of International Law 10 (2009): 424–39.
Jacqueline Peel. The Precautionary Principle in Practice: Environmental Decision-Making and Scientific Uncertainty. Annandale: Federation Press, 2005.
Bradnee W. Chambers, ed. Inter-linkages: The Kyoto Protocol and the International Trade and Investment Regimes. New York: New York University Press, 2001.
Manuscript Submission Information
Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.
Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.
Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.
- climate change governance
- adaptation and mitigation
- foreign investment
- international financing
- sustainable development
- risk scientific uncertainty and the law