Cambridge Journal of Climate Research

Journal:
Cambridge Journal of Climate Research

ISSN

3050-2020

Journal Volumes

Journal Volume

Cambridge Journal of Climate Research - Volume 1

(1)

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Now showing 1 - 10 of 34

Open Access
Can Acceptance Be Bought? Enhancing Local Social Acceptance of Renewable Energy Projects Through Financial Participation: Insights from Mecklenburg Western Pomerania, Germany
(2024-12) Gotz, Paulina
In the wake of the global energy transition, local opposition towards the installation of renewable energy plants among neighbouring municipalities and residents is an increasingly relevant issue. Economic tools to financially engage residents living close to renewable energy projects are considered one solution to alleviate opposition and foster local social acceptance. However, the effectiveness of such financial participation tools in doing so is yet to be proven. The Citizen and Municipal Participation Law (Bürger- undGemeindenbeteiligungsgesetz) is a policy in the German state of Mecklenburg Western Pomerania which mandates the financial participation of citizens and municipalities. Drawing on this policy, the study at hand seeks to contribute to closing this prevailing empirical research gap. Insights from seven semi-structured interviews with eight experts on this policy from municipalities, project developing companies, and superordinate public bodies in Mecklenburg Western Pomerania are used to shed light on the factors influencing the choice, implementation and success of financial participation tools for increasing local social acceptance towards wind farms. The study thus generates knowledge and recommendations for the effective future design and application of different financial participation tools.
Open Access
Sustainability and Purpose-Driven Companies: New Legal Trends from a Comparative Law Perspective
(2024-12) Ventura, Livia
As sustainability takes centre stage in the political agenda and corporate governance discussions, the law becomes crucial in facilitating the transition from shareholder primacy to responsible capitalism. The law has the potential to influence the behaviour of private companies by establishing rules that ensure businesses profit from creating benefits rather than generating detriments to society, effectively incentivising positive practices while disincentivising harmful ones. Nevertheless, the existence of a grey area for activities that do not materialise in tort, or the violation of other mandatory rules, cannot be denied, and is probably where the reconceptualisation of fiduciary duties and corporate purpose can mediate. New legal trends in these areas are analysed with a special focus on the European context and some comparative law considerations with respect to the UK and the US. An examination of the law in the books and the law in action suggests that the boundaries of directors’ duties are expanding, and the dual-purpose companies’ directors’ management and accountability model appears an appropriate general management paradigm for the new era of responsible capitalism.
Open Access
The Right to a Healthy Environment and Transnational Corporate Accountability: Bridging Gaps between Global North and Global South Perspectives
(2024-12) Jackson, Eoin
The 2022 UN General Assembly’s recognition of the right to a clean, healthy, and sustainable environment marked a significant step in advancing environmental protection through human rights mechanisms. States in the Global South have led the way in conceptualising the right to a healthy environment in a holistic and broad manner which has allowed for enhanced efforts at corporate environmental and climate accountability. However, this approach has been largely absent from Global North frameworks, which has focused instead on corporate human rights due diligence and the establishment of normative frameworks which entrench certain neoliberal conceptions about the divide between state and corporate responsibility. This article explores the potential of the right to a healthy environment to enhance corporate accountability for environmental harm, particularly in the context of the UNGA resolution recognising the right, emerging international climate litigation and the development of mandatory human rights due diligence legislation. Divided into four parts, this article first traces the historical development of the right to a healthy environment, examining its intersection with the business and human rights movement. It argues that a gap exists between the right to a healthy environment and corporate accountability, particularly given the Global South’s leadership in interpreting the right in this context. It then analyses the 2022 UN resolution and subsequent UN reports that have further developed this right, highlighting innovative approaches to corporate responsibility. Finally, the article considers future pathways for applying the right to hold non-state actors accountable for environmental harm, offering insights into how this right may influence corporate behaviour through litigation and policy mechanisms.
Open Access
Understanding the Adoption of Bike-Sharing Systems in the Baltic States: A Multilevel Perspective Analysis of Online Consumer Reviews
(2024-12) Ahmadov, Tarlan
As climate change and urban congestion continue to pose global challenges, promoting cycling as an alternative transport mode is becoming increasingly critical. Bike-sharing systems offer a sustainable solution to reduce greenhouse gas emissions, alleviate traffic congestion, and promote healthier lifestyles. In the Baltic States—Estonia, Latvia, and Lithuania—cycling has been promoted as a potential mode of urban transport, influenced by European Union policies targeting sustainable mobility. This study investigates the adoption of biking in these countries through the Multilevel Perspective (MLP) framework, analysing 1465 online customer reviews from platforms like Google Maps, TripAdvisor, and Google Play. The results reveal key niche-level challenges, such as technical failures and poor maintenance, as well as regime-level issues like insufficient infrastructure and unprofessional customer service. However, users also reported positive aspects, including the quality of bikes, accessibility, and staff helpfulness. This study contributes to the existing literature by integrating user feedback into the MLP framework, offering both theoretical insights and practical recommendations for policymakers.
Open Access
Oceans and Climate Change: Synergy and Conflict in International Law
(2024-12) Puno, Railla Veronica
The science is clear that climate change has profound impacts on oceans and vice versa. The Intergovernmental Panel on Climate Change (IPCC) states that climate change is projected to cause ocean warming and ocean acidification, among others. At the same time, oceans have the potential to contribute greatly to adaptation and mitigation efforts that will allow us to achieve the goals of the Paris Agreement. From the implementation of marine protected areas to the more controversial ocean fertilisation efforts, the global ocean, which covers 71% of the Earth’s surface, has the potential to play a major role in climate action. Despite these strong linkages, the development of international law on oceans and climate change has been relatively slow. It was only in recent years that the United Nations Framework Convention on Climate Change (UNFCCC) has dedicated a workstream for oceans through the Ocean Pathway, an initiative which paved the way for the Ocean Dialogue, a recurring process with the purpose of strengthening ocean-based action. As these various environmental agreements come up with new policies and mandates, instances of legal conflict cannot be avoided. This paper will take an in-depth study of the current international legal frameworks governing oceans and climate change to determine where opportunities for synergy can be optimised and conflicts can be resolved by examining two cases of legal overlap.
Open Access
Displaced by Rising Tides: Legal Insights and Policy Imperatives for Climate Refugees in the Sundarbans Region of India
(2024-12) Ghose, Anuttama; Ali, S M Aamir
The Sundarbans, among the biggest and most susceptible mangrove ecosystems globally, face escalating threats from rising sea levels, unpredictable monsoons, and increased storms attributable to climate change. These environmental disruptions are displacing thousands of inhabitants, turning them into climate refugees. This article critically examines the legal and policy frameworks addressing climate-induced displacement in India, with a specific focus on the Sundarbans region. The absence of formal legal recognition for climate refugees in India leaves displaced populations in a precarious situation. Through the lens of the doctrine of state obligation, this paper explores the state’s legal and moral responsibilities to safeguard citizens from climate-induced harm and displacement. Indian constitutional provisions, particularly Article 21 (Right to Life), oblige the state to take proactive measures to protect the lives and livelihoods of those threatened by environmental crises. This doctrine serves as a basis for demanding stronger state-led interventions in mitigating climate displacement. The article shall also apply transformative constitutionalism to highlight the evolving nature of constitutional rights in addressing modern challenges such as climate change. This theory proposes that the Indian Constitution be interpreted dynamically to expand protections for climate refugees, extending beyond traditional notions of fundamental rights to encompass social and environmental justice. While laws like the Disaster Management Act of 2005 offer a foundation, their real-world applicability to long-term climate displacement still needs to be improved. This study underscores the need for reforms that reflect the lived realities of displaced communities in the Sundarbans. By combining these jurisprudential insights, the study argues for creating robust, inclusive legal frameworks to protect climate refugees, emphasising policy imperatives and the State’s duty to provide dignified resettlement for affected populations.
Open Access
Space Technology and Climate Security: Bridging Justice, Adaptation, and Global Policy
(2024-12) Shagun, Shrawani
Climate change poses complex security challenges, including food and water scarcity, displacement, and disaster risks. Addressing these challenges requires innovative solutions, and space technology is crucial. For instance, satellite-based climate monitoring provides critical data for effective climate adaptation and mitigation, while early warning systems help enhance disaster preparedness. These tools, among others, enable countries to track emissions, ensure sustainable resource management, and bridge data gaps. This article examines the role of space technology in advancing climate security, emphasising its integration into crucial global frameworks such as the Paris Agreement, the Sendai Framework, and the 2030 Agenda for Sustainable Development. Space-based technologies are indispensable in shaping a sustainable and equitable response to the climate crisis.
Open Access
Incorporating a Rights of Nature Approach into the EU Legal Framework: Exploring Legal Mechanisms for Enhanced Wadden Sea Habitat Protection
(2024-12) van den Hoek Ostende, Madelon
This research explores the incorporation of a Rights of Nature approach into the legal framework of the European Union on habitat protection. The study assesses the existing EU environmental framework and the barriers to Rights of Nature in the EU. It further analyses international case studies where Rights of Nature have been implemented. Drawing from this analysis, the study explores the feasibility and effectiveness of two legal instruments regarding the objective of enhancing habitat protection in the Wadden Sea. Through a comparison of these legal mechanisms, the research identifies practical implications of incorporating a Rights of Nature approach into the EU legal framework, in particular concerning the criteria for legal standing. The findings suggest that each legal mechanism faces significant challenges to incorporating a Rights of Nature approach, especially if not accompanied by a broader ecocentric shift across the EU legal framework. The implications of this study therefore have significance beyond the case of the Wadden Sea, providing insights into the broader integration of Rights of Nature into EU environmental law.
Open Access
The Prospect of ‘Just Emissions’ as an International Norm of Environmental Governance
(2024-12) Rice, James
The international system, as it presently exists, has proven woefully inadequate in its efforts to prevent the global injustices of massive ecosystem loss and environmental degradation. These issues have disproportionally affected individuals living in impoverished countries and in zones characterised by precarious living standards and negligible welfare status both well below the per capita income enjoyed by the Global North since the onset of the industrial revolution. The brunt of the harms to result from climate change will inevitably affect the Global South to a higher degree, because of underdeveloped infrastructure and weaker ability to adapt ex ante and respond ex post. International agencies, such as UNEP, the UNFCCC, and the IPCC, that are dedicated to instituting international agreements to combat rising surface temperatures, are struggling to create international momentum for realizing the growing necessity for radical action. This essay takes a critical perspective on theories of international culture, society, governance, competition, and great-power rivalry that call for remediations (on the part of industrialised nations) for climate-related loss and damage required by theories of environmental and economic justice. I argue that these theories must consider both the differential capacity for country-specific economic growth potential and the inequality of wealth that exists between developed nations and developing ones when measuring responsibility for climate damages and allocating environmental legal regulations such as financing and cost burdens. Governance and management of the biosphere is desperately needed to ensure equitable transnational standards of environmental justice which, through multilateral adherence to a regime of ecological justice, will create an international coalition of sustainable societies. International justice for the developing world is not only about development. The Global South requires allowances for subsistence emissions, necessary for the purpose of growth; allowances that are due to them through norms of fairness and distributional justice.
Open Access
An Orchestrated Governance Approach: Tracing the International Maritime Organization’s Development and Adoption of the Polar Code
(2024-12) Pham, Khang Minh
The increase in Arctic maritime traffic induced by climate change has prompted the International Maritime Organization (IMO) to develop and adopt the International Code for Ships Operating in Polar Waters (Polar Code). While previous research on the governance of the IMO in the Arctic has addressed topics such as plastic waste management, the normative influence of international bureaucracies, and the implementation of the Polar Code from state and industrial perspectives, no study has specifically applied the concept of orchestration to Arctic maritime shipping and the development and adoption of the Polar Code. This paper seeks to fill this gap by using orchestration as an analytical framework to examine how the IMO orchestrated the development and adoption of the Polar Code, especially in response to climate-induced challenges. The analysis draws on documents from the IMO and Arctic Council (AC), along with previous research on Arctic shipping. Qualitative discourse analysis and process tracing are used to explore the data. Findings suggest that the IMO’s orchestration was facilitated by its recognised leadership in maritime governance, but was constrained by capability deficits in Arctic-specific issues. The organization navigated divergent stakeholder interests and sovereignty concerns by engaging the AC and Arctic states as key intermediaries. Orchestration enabled the creation of a comprehensive regulatory framework balancing safety, environmental protection, and commercial interests. However, the article also reveals limitations in addressing critical issues such as the use of heavy fuel oil. These findings contribute to the array of empirical evidence on transnational environmental governance and the evolving regulatory landscape in polar regions.