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Open Access
Article
Publication date: 4 April 2019

Jianwei Zhang, Xiaoyi Jiang and Xiaobin Pan

Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far…

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Abstract

Purpose

Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far prevented its enactment. The bottom-up approach adopted in the international climate regime sets a good example. Accordingly, the purpose of this paper is to discuss the regional legislation to address climate change in China through exploring the following two questions: whether it is necessary to enact climate change legislation at regional level first and whether it is feasible to develop such regional legislation in the absence of national climate change law.

Design/methodology/approach

This paper analyses the necessity and feasibility of regional legislation to address climate change. Section 2 introduces the current legislative framework on climate change in China. Section 3 investigates whether it is better to push the legislative agenda at regional, rather than national level. Section 4 analyses the feasibility of establishing regional legislative systems. Section 5 explores the key issues in formulating and promoting regional legislation.

Findings

This paper concludes that it is necessary and feasible to pilot regional legislation before enacting national legislation. Under these circumstances, local governments can take the initiative to begin formulating regional legislation.

Originality/value

Addressing climate change needs immediate action and effective measures. It is, thus, necessary to reconsider the approach that China should adopt when developing legislation on climate change. This paper contributes to broadening current knowledge of regional climate change legislation in China.

Details

International Journal of Climate Change Strategies and Management, vol. 11 no. 4
Type: Research Article
ISSN: 1756-8692

Keywords

Open Access
Article
Publication date: 19 September 2017

Lilian Yamamoto, Diogo Andreola Serraglio and Fernanda de Salles Cavedon-Capdeville

This paper aims to assess to what extent South American countries have integrated recommendations of the international agenda to address human mobility in the context of disasters…

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Abstract

Purpose

This paper aims to assess to what extent South American countries have integrated recommendations of the international agenda to address human mobility in the context of disasters and climate change in their national laws and policies.

Design/methodology/approach

This research sought to find the level of discussions around human mobility in disaster laws, NDCs and National Adaptation Plans (NAPs) by looking for a range of search terms connected to human mobility in the context of disasters and climate change, followed by the content analysis of these terms.

Findings

Some advances with regards to human mobility are already confirmed in the domestic level of South American countries through humanitarian visas to disaster displaced persons and the inclusion of the topic in the DRR, climate change laws, NAPs and INDCs/NDCs. But they have not developed specific strategies with regards to it. Hence, their advances still require that national norms and policies are harmonized with the international guidelines. This will enable to fill the protection gap of people in context of disasters and climate change.

Originality/value

The results assess the level of harmonization above-mentioned between international instruments with national policies on human mobility in the context of disasters and climate change in South America.

Details

International Journal of Climate Change Strategies and Management, vol. 10 no. 1
Type: Research Article
ISSN: 1756-8692

Keywords

Article
Publication date: 5 February 2021

Elle Turnbull

The purpose of this study is to explore Islamic contributions to discussions on climate change action and environmental justice. The author argues that Islamic approaches to this…

Abstract

Purpose

The purpose of this study is to explore Islamic contributions to discussions on climate change action and environmental justice. The author argues that Islamic approaches to this issue provide a unique cultural and religious perspective which can effectively address the issue of climate change.

Design/methodology/approach

Beginning with a discussion of the concepts central to this essay, the author moves to discuss why she has chosen to move away from approaches founded in criminal law, instead of arguing that it is important to focus on culturally specific approaches to environmental justice. The author then explores some of the approaches taken by mainstream Muslim organisations working towards environmental justice. In particular, the Islamic Declaration on Global Climate Change and responses from Islamic Relief Worldwide, considering both the benefits and flaws of these approaches.

Findings

The author concludes by arguing that Sharīʿah has potential for developing Muslim environmental justice further, using Islamic legal rulings from Indonesia as an example. In this way, Islamic contributions can further aid global environmental justice. The author finds that culturally specific approaches to climate change, founded in legal mechanisms such as the Islamic juridical process (fiqh), have vast potential in securing environmental justice across the globe.

Originality/value

Islamic contributions to climate change are often relegated to the background, while approaches from the perspective of legal mechanisms and criminal law have been favoured. The author believes that an Islamic approach is not only a starkly different approach, but also one which can provide an impetus for change. This is particularly true for the contributions of Islamic jurists.

Details

Journal of Financial Crime, vol. 28 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 9 February 2022

Lucy Cradduck and Georgia Warren-Myers

This research seeks to understand the potential impact to investors from government responses to climate change risk, as reflected in changes to planning processes made after…

Abstract

Purpose

This research seeks to understand the potential impact to investors from government responses to climate change risk, as reflected in changes to planning processes made after significant weather events.

Design/methodology/approach

The research examines the land planning responses within a select local government authority (“LGA”) area following four significant weather events, in order to identify any changes made, and the impact on future development proposals. The LGA selected is the Central Coast Council, which is a coastal LGA in the Australian State of New South Wales. The research engaged with the publicly accessible records available on the Central Coast Council, Australian Bureau of Meteorology and other websites; and extant literature.

Findings

The research reveals that some adjustments were made by the Central Coast Council, and or the State government, to relevant laws, policies and processes following these events. These changes, however, tended to focus on imposing additional requirements on future development applications, rather than on requiring changes to current structures, or prohibiting further development works.

Research limitations/implications

The research has three limitations: (1) land law in Australia varies, as each State and Territory, and LGA, has specific laws, policies and processes; (2) as laws and policies are subject to change, it was necessary to select points in time at which to engage with those laws and processes; and (3) COVID-19's impact on domestic Australian travel [the authors could not travel interstate] meant only documents available on the Internet were considered, however, not all documents relating to development; or changes to laws and processes were easily accessible online. As the research focussed on one case study area, this may limit the applicability of the results to other areas. However, as extreme events are international, the related issues are a concern in all areas.

Practical implications

This research confirms the results of other extant research, which observed that some risks cannot be properly mitigated, such that any development in an at-risk area remains at risk. It also identifies that more current, accurate and publicly accessible data are required to enable investors to more easily and accurately identify all risks affecting a property.

Originality/value

The research provides a snapshot of one LGA's response to the physical risks arising from climate change events. As investors and other organisations integrate and build up their analysis of climate risks to their portfolios and organisations, governments become more aware of the long-term effects of climate change and consistently with extant research; this research indicates that a greater awareness is required of current risks and action to manage the short-term effects and cost challenges, in addition to the long-term adaptation requirements.

Details

Journal of Property Investment & Finance, vol. 40 no. 4
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 31 July 2009

Margot Hurlbert

The purpose of this paper is to focus on the adaptive capacity of the institution of water law in two provinces of Canada, Alberta, and Saskatchewan, through the examination of…

788

Abstract

Purpose

The purpose of this paper is to focus on the adaptive capacity of the institution of water law in two provinces of Canada, Alberta, and Saskatchewan, through the examination of several water conflict case studies in the last decade. By examining outcomes in cases of water shortage, legal mechanisms promoting adaptation can be identified and suggestions made for improving those which potentially increase vulnerability.

Design/methodology/approach

This paper explores several case studies situated in Western Canada, identified during interviews relating to a broader theme of water governance adaptation as part of the Institutional Adaptation to Climate Change (IACC) Project as well as other case studies carried out in the larger IACC project relating to the institutional adaptation to climate change in Canada and Chile. The outcomes of these case studies are examined in relation to their effect on vulnerability and their inter‐relationship to established principles of water law.

Findings

This examination provides insight into the actual workings of water law in resolving water conflicts and important modifications in the institution of water law which will increase adaptive capacity. These cases illustrate that legal provisions which facilitate timely engagement of civil society to water shortages in an all inclusive participatory process provides optimal conflict resolution.

Originality/value

These case studies provide important insights for the development of law and policy which reduces vulnerability and assists people in adapting to climate change in a resilient, effective manner.

Details

International Journal of Climate Change Strategies and Management, vol. 1 no. 3
Type: Research Article
ISSN: 1756-8692

Keywords

Open Access
Article
Publication date: 17 October 2017

Qi Gao

In the face of climate change, environmental impact assessment (EIA) and strategic environmental assessment (SEA) are expected to translate global or national mitigation and…

4344

Abstract

Purpose

In the face of climate change, environmental impact assessment (EIA) and strategic environmental assessment (SEA) are expected to translate global or national mitigation and adaptation targets to project and plan levels of decision-making. This paper aims to examine how to transform China’s EIA procedures to accommodate consideration of climate change and what constraints might be for doing so.

Design/methodology/approach

The main methodology used in this paper is doctrinal research, which is the primary legal methodology to find the law and interpret and analyse the document. Theoretical research is applied to analyse the ideas and assumptions of the mainstreaming approach. Comparative research is done to consider relevant international experiences.

Findings

Despite well-founded rationale for the mainstreaming approach, entrenched institutional, legal and technical obstacles cannot be neglected in the context of China. Urgent needs to fix existing EIA/SEA loopholes and improve the general enabling environment are also highlighted as a fundamental aspect of mainstreaming.

Originality/value

The potential of mainstreaming climate change into China’s EIA procedures remains largely unexplored. As a ground-breaking work from China’s perspective, the findings of this paper can serve as an important foundation for future research from legal and other perspectives.

Details

International Journal of Climate Change Strategies and Management, vol. 10 no. 3
Type: Research Article
ISSN: 1756-8692

Keywords

Book part
Publication date: 18 November 2020

Ronald C. Kramer and Rob White

This chapter examines SDG 13 which deals with efforts to combat climate change. The chapter begins by outlining the targets related to this goal, the trend towards increased…

Abstract

This chapter examines SDG 13 which deals with efforts to combat climate change. The chapter begins by outlining the targets related to this goal, the trend towards increased heating of the planet and failures to curtail carbon emissions. This is framed using criminological concepts such as state-corporate crime and carbon criminality. The major concern of the rest of the chapter is to outline a climate action plan. As part of this, it discusses a range of initiatives currently underway intended to pressure governments to take more concerted action around climate change. These include activist interventions and climate litigation. The chapter concludes by exploring the possibilities and obligations of global community action to address the most important issue of our era.

Details

The Emerald Handbook of Crime, Justice and Sustainable Development
Type: Book
ISBN: 978-1-78769-355-5

Keywords

Article
Publication date: 18 January 2013

Valeria Sodano and Martin Hingley

This theoretical research article aims to take an economics approach to set out the role of the food system and its importance in control of greenhouse gases (GHG) and…

2198

Abstract

Purpose

This theoretical research article aims to take an economics approach to set out the role of the food system and its importance in control of greenhouse gases (GHG) and contribution to climate change. The article seeks to challenge the weak position of public policy aimed at tackling this major issue and the shortcomings of reliance on food corporations' voluntary and sporadic approach based on corporate social responsibility (CSR).

Design/methodology/approach

A review of literature and analysis of the legal and economic theories of the firm show how both public and private intervention tends to be ineffective in facing the many problems raised by climate change within the food sector. This article proposes a “government case” for CSR.

Findings

It is argued that interventions to tackle climate change are political rather than economic and depend on power relationships among different actors, such as states and large corporations, involved in their implementation. The main conclusion of the article is that a renovated agenda to tackle climate change ought to be based on the two pillars of soft regulation‐voluntary CSR and binding state regulation. In this new scenario corporate and antitrust laws should be used to correct the growing imbalance between corporate rights and corporate responsibility, with binding regulations supporting voluntary CSR.

Originality/value

Application of CSR has been left to corporations which have pursued their own piecemeal agenda; and the predominant creed of neoliberalism has been ineffectual in governance. This article questions its effectiveness and proposes an original and potentially sustainable alternative.

Details

British Food Journal, vol. 115 no. 1
Type: Research Article
ISSN: 0007-070X

Keywords

Article
Publication date: 13 August 2019

Mick Strack

This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights…

Abstract

Purpose

This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights implicit in our property law, which assumes stability and permanence, and the protection of public rights and environmental values expected of coastal land, which is increasingly vulnerable to climate change hazard. Issues of retreat from the coast, perhaps with compensation and incentives, will need to be dealt with.

Design/methodology/approach

New Zealand situations and examples are used to illustrate the conflicts between secure property rights and changing coastal land.

Findings

The effects of climate change on coastal land will be significant. This era of environmental degradation and climate change will require a significant re-ordering of property law. Changes in coastal land will require property owners to adapt their use and occupation of the coastal zone, if necessary by retreating. Similarly, local authorities will need to be proactive in planning for coastal land changes.

Social implications

Property will need to be re-imagined to support public and environmental goals for the coast.

Originality/value

This paper extends other discussions about how property law and the protection of property rights is a barrier to implementing climate change responses.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 11 May 2012

Ksenia Chmutina, Jie Zhu and Saffa Riffat

The purpose of this paper is to introduce and discuss policy making process in the field of climate change in China. It aims to describe the main climate change‐related policies…

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Abstract

Purpose

The purpose of this paper is to introduce and discuss policy making process in the field of climate change in China. It aims to describe the main climate change‐related policies and to discuss the role of China in international climate change negotiations.

Design/methodology/approach

A qualitative method has been used for this paper. A preliminary desk study based on the analysis of the primary and secondary sources published in both English and Chinese (Mandarin) has been conducted. Literature on policy analysis and evaluation and the role of political actors in it, as well as examples of energy efficiency studies in other countries has been studied to develop an analytical framework for the empirical data interpretation. The main sources for information about China's situation are books, articles, as well as internet resources and newspapers covering China's politics, the climate change regime, and Chinese climate policy.

Findings

The paper provides insights into China's climate change policy making process and outlines the main challenges that policy implementation in China is facing today.

Research limitations/implications

It was appreciated that some sources should be used with caution as information given in Chinese is subject to censorship and governmental control in China and therefore may be biased. It is not possible to avoid this problem totally when dealing with a state like China, but using multiple sources and personal observation may improve the reliability of the information.

Practical implications

The paper includes suggestions on policy improvements such as strengthening of supervision mechanisms and creating a Ministry of Energy.

Originality/value

This paper fulfils an identified need to study the climate change policy‐making process in China.

Details

International Journal of Climate Change Strategies and Management, vol. 4 no. 2
Type: Research Article
ISSN: 1756-8692

Keywords

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