Benoît Mayer National University of Singapore, Singapore
Eu Tong Sen Building, 469G Bukit Timah Road, Singapore 259776.
Corresponding Author: bmayer@nus.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Over the last decade, 350,000 people have moved from Mongolia’s countryside to the suburbs of its capital, Ulaanbaatar, where they live in abject poverty despite the rapid economic development of the country. This article proposes three complementary international legal analyses of this internal migration. First, because this migration is partly and indirectly induced by the adverse impacts of climate change, States have a common but differentiated responsibility to assist the Mongolian government to address climate migration. Second, Mongolia should bear its own responsibilities to take steps to realize the social and economic rights of its population without discrimination. Third, Mongolia’s commercial partners should be warned against any control or influence that would cause harm to Mongolia, in application to public international law on State responsibility and to States’ extraterritorial human rights obligations. While each narrative reveals an important dimension of a complex phenomenon, this article argues that all policy levers must urgently be pulled to guarantee the rights of Mongolia’s internal migrants.
Keywords : Mongolia, Migration, Narratives, Climate Change, Development, Geopolitics, Environment, Human Rights.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.10
2015년 12월 16일 수요일
2015년 12월 15일 화요일
Reasonable Suspicion: Gloomy Future of the Kyoto Protocol
Kelly Gieop Na Dongguk University, Korea
College of Law, Dongguk Univ., Pil-dong 3-ga, Jung-gu, Seoul, Korea.
Corresponding Author: boulez25@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
About 25 years ago, the Intergovernmental Panel on Climate Change claimed that the greenhouse gases, in particular Carbon Dioxide, are mainly responsible for global warming and its adverse effects. The claim rapidly became an absolute and incontrovertible truth regardless of countless scientific counter-evidences. Such international trend was directed to a birth of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, the detailed norm to the Convention. Even to this very day, the "man-made climate change" operates as implicit prerequisite of continuing international climate conferences and international environmental law studies. The paper tries to introduce a viewpoint from the scientific skepticism towards man-made climate change and figure out the political calculations inside Kyoto Protocol. Through this, the author demonstrates that serious concern about the environment barely exists in current climate response system and attempts to adduce suggestions that should be made in future climate change conferences.
Keywords : Climate Change, Fossil Fuel, UNFCCC, Kyoto Protocol, Intergovernmental Panel on Climate Change, Global Warming, ETS, Common but Differentiated Responsibilities
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2013.6.2.10
College of Law, Dongguk Univ., Pil-dong 3-ga, Jung-gu, Seoul, Korea.
Corresponding Author: boulez25@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
About 25 years ago, the Intergovernmental Panel on Climate Change claimed that the greenhouse gases, in particular Carbon Dioxide, are mainly responsible for global warming and its adverse effects. The claim rapidly became an absolute and incontrovertible truth regardless of countless scientific counter-evidences. Such international trend was directed to a birth of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, the detailed norm to the Convention. Even to this very day, the "man-made climate change" operates as implicit prerequisite of continuing international climate conferences and international environmental law studies. The paper tries to introduce a viewpoint from the scientific skepticism towards man-made climate change and figure out the political calculations inside Kyoto Protocol. Through this, the author demonstrates that serious concern about the environment barely exists in current climate response system and attempts to adduce suggestions that should be made in future climate change conferences.
Keywords : Climate Change, Fossil Fuel, UNFCCC, Kyoto Protocol, Intergovernmental Panel on Climate Change, Global Warming, ETS, Common but Differentiated Responsibilities
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2013.6.2.10
The International Legal Concerns on Climate Change Regime: Taiwan's Perspective
Yiyuan Su National Chung Hsing University, Taiwan
250 Kuo-Kuang Rd., Taichung 402, Taiwan R.O.C..
Corresponding Author: su.yiyuan@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Climate change is an emerging environmental issue. To prevent possible trade sanctions from the industrialized trading partners, Taiwan proposed several policies to mitigate greenhouse gas emissions. This includes their preparation of the Greenhouse Gas Reduction Act is under legislature review and the Statute for Renewable Energy Management. Because Taiwan is not a member of the United Nations, it is excluded from participation in the United Nation Convention on Climate Change and lacks access to the flexible mechanisms defined under the Kyoto Protocol. The Taiwan Environment Protection Administration plans to encourage the local emitters to acquire foreign reduction credits to offset domestic emissions. This article approaches Taiwan's mitigation policies and measures from an international legal perspective. It also introduces adaptation policies and recommends that the government establish a special national adaptation team to prepare data and criteria for risk prioritization. Finally, this paper recommends that the Parties of the UNFCCC adopt the 'universal apply' principle for climate change and allow any governmental agency whose governing matters are covered by the convention, to participate and share emission-reduction responsibilities.
Keywords : Climate Change, Taiwan, EPA, Mitigation, Adaptation, UNFCCC, Flexible Mechanisms
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.03
250 Kuo-Kuang Rd., Taichung 402, Taiwan R.O.C..
Corresponding Author: su.yiyuan@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Climate change is an emerging environmental issue. To prevent possible trade sanctions from the industrialized trading partners, Taiwan proposed several policies to mitigate greenhouse gas emissions. This includes their preparation of the Greenhouse Gas Reduction Act is under legislature review and the Statute for Renewable Energy Management. Because Taiwan is not a member of the United Nations, it is excluded from participation in the United Nation Convention on Climate Change and lacks access to the flexible mechanisms defined under the Kyoto Protocol. The Taiwan Environment Protection Administration plans to encourage the local emitters to acquire foreign reduction credits to offset domestic emissions. This article approaches Taiwan's mitigation policies and measures from an international legal perspective. It also introduces adaptation policies and recommends that the government establish a special national adaptation team to prepare data and criteria for risk prioritization. Finally, this paper recommends that the Parties of the UNFCCC adopt the 'universal apply' principle for climate change and allow any governmental agency whose governing matters are covered by the convention, to participate and share emission-reduction responsibilities.
Keywords : Climate Change, Taiwan, EPA, Mitigation, Adaptation, UNFCCC, Flexible Mechanisms
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.03
Legal Issues for Implementing the Clean Development Mechanism in China
Xiaoyi Jiang & Fahui Hao China Institute of Boundary Studies, China
The China Institute of Boundary Studies, Wuhan 430073 P.R. China.
Corresponding Author: xjiang28@gmail.com; haofahui@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The Clean Development Mechanism under the Kyoto Protocol was implemented in China several years ago. In spite of the significant benefits the CDM has brought to China, legal research on the CDM is relatively weak and there are many legal problems with the implementation of CDM projects in China. This article clarifies the legal problems of implementing the CDM in China by exploring and analyzing how to implement CDM projects, the legal relationships involved, CDM-related contracts and various key legal issues. The conclusions drawn from the above discussions could have implications for the future carbon reduction activities in China beyond 2012.
Keywords : CDM, UNFCCC, Climate Change, Legal Relationship, Carbon Reduction
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.01
The China Institute of Boundary Studies, Wuhan 430073 P.R. China.
Corresponding Author: xjiang28@gmail.com; haofahui@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The Clean Development Mechanism under the Kyoto Protocol was implemented in China several years ago. In spite of the significant benefits the CDM has brought to China, legal research on the CDM is relatively weak and there are many legal problems with the implementation of CDM projects in China. This article clarifies the legal problems of implementing the CDM in China by exploring and analyzing how to implement CDM projects, the legal relationships involved, CDM-related contracts and various key legal issues. The conclusions drawn from the above discussions could have implications for the future carbon reduction activities in China beyond 2012.
Keywords : CDM, UNFCCC, Climate Change, Legal Relationship, Carbon Reduction
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.01
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