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Martuwarra the Fitzroy River, is a living entity encompassing law, values, ethics and virtues who has laid the foundation for learning and self-regulation. Martuwarra foster peace, harmony and balance within a water system covering 93,829 square kilometres of the Western Australian Kimberley region. However, climate uncertainty as part of the unfolding metacrisis demonstrates the limitations of decades of colonial invasive development in the Kimberley. In this paper the authors illustrate Traditional Owner water knowledge, science and lived experiences as managers of the catchment from the beginning of time. Traditional Owner knowledge and practices, fine-tuned over thousands of years, carry water governance and management through First Law, the law of the land and not man. The authors advocate for this ancient knowledge to be learned by fellow citizens in the region, governments, industries and other parts of Australia, as it is essential to modernity. They propose a bicultural and bioregional governance model to create a better future for the greater good of all.
Transnational climate litigation has become a strategic tool to press state and non-state actors into action. An analysis of international and domestic cases shows how rights and obligations are being materially, subjectively, spatially and temporally stretched in judicial proceedings. This article focuses on three distinct grammars of climate justice activated in climate litigation. The analysis exposes a shift from a traditional to a progressive grammar that moves from actual to potential climate harms, from human to nonhuman rights, from territorial to extra-territorial obligations, and from present to future generations. Beyond a traditional liberal framing of rights-based approaches to climate justice, we witness here a progressive critical grammar that broadens the scope of who can be considered legally affected by climate change, where, and how. A more radical understanding of climate justice, however, exceeds the capacity of these registers to confer structure, order, and meaning to climate harms across matter, subjects, space and time. Against this backdrop, a reparative grammar of climate justice is envisioned, which reconfigures the material boundary from potential to entangled harms, the subjective boundary from nonhuman victims to more-than-human care, the spatial boundary from extra-territorial to terrestrial spatiality, and the temporal boundary from future to enduring temporalities. In doing so, the analysis opens up a register of political thought for climate justice that starts in the law yet vastly exceeds and disrupts it.
Embedding climate resilient development principles in planning, urban design, and architecture means ensuring that transformation of the built environment helps achieve carbon neutrality, effective adaptation, and well-being for people and nature. Planners, urban designers, and architects are called to bridge the domains of research and practice and evolve their agency and capacity, developing methods and tools consistent across spatial scales to ensure the convergence of outcomes towards targets. Shaping change necessitates an innovative action-driven framework with multi-scale analysis of urban climate factors and co-mapping, co-design, and co-evaluation with city stakeholders and communities. This Element provides analysis on how urban climate factors, system efficiency, form and layout, building envelope and surface materials, and green/blue infrastructure affect key metrics and indicators related to complementary aspects like greenhouse gas emissions, impacts of extreme weather events, spatial and environmental justice, and human comfort. This title is also available as open access on Cambridge Core.
The Climate Vulnerable Forum (CVF) and the V20 group of finance ministers address climate change impacts on vulnerable countries. This chapter introduces the interconnectedness of climate justice, economic resilience, and sustainable development. It highlights personal stories, such as Victor Yalanda from Colombia and Jevanic Henry from Saint Lucia, who share their experiences of climate change’s impacts on their communities — covering both the economic loss and the emotional devastation caused to communities. We introduce the CVF’s Climate Vulnerability Monitor — a unique study of the impacts of climate change, including fresh modelling, covering biophysical, economics and health projections up to 2100. The global community via COP27 and COP28 have agreed on the urgency of both adaptation and mitigation strategies. Yet the speed of change is not sufficient. The fate of today’s most vulnerable will soon be the fate of the world.
Financial flows and financial structures are fueling climate instability and worsening inequities around the world. A stable future now requires urgent change including transformative financial innovations. Yet the pandemic and recent financial disruptions reveal how financial architecture designed to promote stability in times of crises exacerbates economic inequities and vulnerabilities. Recognizing the division in climate politics among those advocating for stable policies and a smooth transition and those calling for more radical, disruptive politics, this chapter reviews the critical role of financial innovations, including central banks’ monetary policies, in redirecting society toward a more just and stable future. We propose a paradigm shift to reconceptualize stability and politicization in finance and central banking for climate justice. We argue that current depoliticized perspectives on financial stability are worsening climate instability, and that finance, central banks, and their monetary policies are an underappreciated part of climate politics. Transformative climate policy to promote stability requires repoliticizing finance and financial innovations.
This introduction to the Agora outlines the issues raised by and arguments in Itamar Mann’s article, ‘From survival cannibalism to climate politics: Rethinking Regina vs Dudley and Stephens’, and the four commentaries thereon.
Chapter 20 reflects on the evolving landscape of climate litigation, circling back to some of the insights emerging from the Handbook’s various chapters, and speculates on its future trajectory. The editors begin by underscoring the remarkable progress that has been made in climate litigation, highlighting the significant role it has played in shaping legal responses to the climate crisis. They emphasise that the journey of climate litigation is far from over and that the field is poised for continued advancements and innovations. In particular, the editors shine a light on new frontiers for strategic litigation, including loss and damage cases that promote climate justice and considerations of ethics, fairness, and equity; claims against private polluters, particularly major corporate greenhouse gas emitters; more diverse litigation against governments that target the insufficient ambition, inadequate implementation, and lack of transparency in climate policies; litigation defending biodiversity through a climate lens; and inter-State climate lawsuits.
Targeted policy and governance instruments are essential for developing a carbon dioxide removal (CDR) sector aligned with climate change mitigation scenarios. As a result, a large share of the scientific literature on CDR concentrates on these aspects. However, current CDR deployment and development are mainly driven by private organisations. While their role in CDR governance is generally acknowledged, important context regarding their perspectives, motivations and decision-making processes is lacking. This study addresses this gap by conducting seventy-nine interviews with senior representatives from organisations engaged in the early CDR market, including technology suppliers, credit purchasers, and financiers. We explore their views on key components of fair and equitable CDR systems. Our analysis reveals varying priorities across interviewed actors, including strong regulatory frameworks, market transparency, accountability, funding mechanisms and (climate) justice, emphasising historical responsibility, revenue distribution and community engagement. Additionally, we identify conflicting perspectives on the involvement of oil and gas sectors and the balance between rapid scale-up and thorough, inclusive processes. This research offers critical insights into the role of private organisations in shaping the governance of the emerging CDR sector, highlighting the complex interplay of market dynamics and ethical considerations.
Climate impacts and risk, within and across cities, are distributed highly unequally. Cities located in low latitudes are more vulnerable to climate risk and impacts than in high latitudes, due to the large proportion of informal settlements relative to the housing stock and more frequent extremes. According to EM-DAT, about 60% of environmental disasters in cities relate to riverine floods. Riverine floods and heatwaves cause about 33% of deaths in cities. However, cold-waves and droughts impact most people in cities (42% and 39% of all people, respectively). Human vulnerability intersects with hazardous, underserved communities. Frequently affected groups include women, single parents, and low-income elderly. Responses to climatic events are conditioned by the informality of social fabric and institutions, and by inequitable distribution of impacts, decision-making, and outcomes. To ensure climate-resilient development, adaptation and mitigation actions must include the broader urban context of informality and equity and justice principles. This title is also available as open access on Cambridge Core.
Summarising how economists have historically studied families from the nineteenth century to the present, we recall that economists developed methodologies in response to how they imagined and constituted the problem of family poverty in different periods. In contemporary times, concerns for poverty-alleviation have increasingly featured concerns for justice across gender, race, and ethnicity. We also recall how family economists prioritised some social and political problems over others, leaving significant injustices uncontested. These findings encourage reflection on how we define the social problems of families today. Describing the small body of economics on the relation between family behaviour and a sustainable biosphere, the book closes with a provocation. If each period of family economics has relied on an act of imagination to formulate the family-relevant social problems worthy of consideration, how might we constitute the problem of family poverty today, consistent with justice across gender, race, and ethnicity, while also tackling the very urgent need for a biosphere capable of supporting human life? How might we imagine living well and dying well today, on a damaged planet undergoing ecosystem collapse? And how might economists assist families to tackle this problem, today?
Climate change, it is often said, is the greatest challenge of our time. As a global phenomenon with a long temporal reach, the impacts of climate change amplify challenges already faced across social, political, economic and ecological spheres. Similarly, constitutional theory is not immune from the impacts of climate change. Yet scholarly engagements between constitutional theory and climate change have thus far been targeted and disparate. This chapter represents an attempt to face up to the challenge of climate change from the perspective of constitutional theory. It takes seriously the discourse of “climate emergency” to argue that emergency is a theoretically defensible framing of the problem. Using the rule of law, rights and federalism as three examples of the challenges that climate change poses for constitutional theory, it highlights some strengths and limitations of existing literatures on these three concepts. Ultimately, it shows that the climate emergency points us to a theory of constitutionalism that builds on these strengths, responds to these limits and provides a path forward for thinking through the role of constitutional theory in a climate-disrupted world.
One set of policies that have been suggested to address climate change are carbon prices. Pricing carbon makes it more expensive to make polluting or unsustainable choices and less expensive to make cleaner or sustainable choices. This article explains why, if well designed, carbon prices can provide systematic signals to the market and make societies fairer. The article also defends carbon prices from several objections.
This chapter analyzes one of the most visible consequences of ecocide: eco-migration. The international criminal justice system does not include detrimental effects of ecocide or of social harm resulting in forced migration flows as a genuine crime capable of being prosecuted. However, a recent landmark United Nations Human Rights Committee decision claims that people should not be returned to their place of origin if climate change appears to constitute a threat. The United Nations Refugee Agency also welcomes such a pioneering ruling since it lays the ground for potentially effective international protection. This work examines the contemporary loophole regarding eco-displacements and ecocide and clamors for both legal and criminological international conceptualisation at ensuring the rights of eco-migrants, considering the future number of eco-migrants is unforeseeable.
Thousands of civil society organizations (CSOs) attend the Conferences of the Parties (COPs) of the United Nations Framework Convention on Climate Change (UNFCCC) every year. Through their advocacy work, CSOs define and redefine what “climate change” is really about. The Element focuses on climate advocacy for women and Indigenous peoples (IPs), two prominent climate justice frames at the UNFCCC. Which CSOs advocate for women and IPs? How and why do CSOs adopt gender and Indigenous framing? Bridging the literature on framing strategy and organizational ecology, it presents two mechanisms by which CSOs adopt climate justice frames: self-representation and surrogate-representation. The Element demonstrates that, while gender advocacy is developed primarily by women's CSOs, IPs advocacy is developed by a variety of CSOs beyond IPs organizations. It suggests that these different patterns of frame development may have long-term consequences for how we think about climate change in relation to gender and IPs.
Multispecies Justice (MSJ) is a theory and practice seeking to correct the defects making dominant theories of justice incapable of responding to current and emerging planetary disruptions and extinctions. Multispecies Justice starts with the assumption that justice is not limited to humans but includes all Earth others, and the relationships that enable their functioning and flourishing. This Element describes and imagines a set of institutions, across all scales and in different spheres, that respect, revere, and care for the relationships that make life on Earth possible and allow all natural entities, humans included, to flourish. It draws attention to the prefigurative work happening within societies otherwise dominated by institutions characterised by Multispecies Injustice, demonstrating historical and ongoing practices of MSJ in different contexts. It then sketches speculative possibilities that expand on existing institutional reforms and are more fundamentally transformational. This title is also available as Open Access on Cambridge Core.
This article discusses the history and the prospects of the climate change negotiations and seeks to show that they are structurally and systematically disadvantageous to the countries and the peoples of the Third World/Global South. The article uses the TWAIL approach to discuss the North-South divide and the differing approaches to climate justice. The article then discusses the history of climate change negotiations, in particular, climate finance and loss and damage, and shows that modes of these negotiations have been disadvantageous to the Third World and are unlikely to fulfil their aspirations. The article highlights the need for incorporating certain principles of fairness, not just in substantive law, but also in how negotiations are conducted. It concludes with thoughts on what these principles of fairness may look like, and the role international and domestic courts can play in evolving them.
This chapter analyzes the regional and sectoral differences in how cities and municipalities engage in climate change networks. Over the past 20 years, an increasing number of cities, regions, companies, investors, and other non-state and subnational actors have voluntarily committed to reducing their GHG emissions. Such actions could help reduce the implementation gap. Along with the increase in commitments and the growing number of venues through which non-state actors can cooperate in order to govern climate change, it is necessary to track and evaluate such efforts. This chapter assesses the voluntary commitments made by Swedish municipalities, regions and multistakeholder partnerships to decarbonize by reducing GHG emissions. It finds large differences in which cities and municipalities that engage in networks. Large and urban municipalities in the south and along the eastern coast are well represented, whereas more rural municipalities along the Norwegian border are less represented in the data. The findings are discussed in terms of climate justice, highlighting the importance of having everyone onboard to create acceptance and reduce inequality in the transformation toward decarbonization.
A new way of thinking about environmental problems has emerged since the 1980s. Environmental problems are increasingly seen as systematically entwined, with human action as their primary cause. We are in a new epoch in Earth’s history, the Anthropocene, and climate change is its most immediate and dramatic manifestation. The drivers of the Anthropocene can be seen through the lens of a simple equation: Environmental impact is the product of population, affluence, and technology. Nations and individuals vary greatly in their impacts, so questions of justice are unavoidable. Questions of justice extend across generations as well as among nations and individuals. Ultimately, we must ask what kind of world we want for ourselves and our children.
This chapter employs narrative analysis to examine how people who live in the shadow of carbon-intensive industries imagine a just transition to net-zero emissions. The analysis rests upon an interview study with local politicians, civil servants, union representatives, and citizen groups in the Swedish west-coast city of Lysekil, home to Scandinavia’s largest oil refinery. By mapping stories of climate (in)justice told in view of Sweden’s efforts to decarbonize, this chapter illustrates the cultural dimensions of carbon lock-ins and why some people resist transformative change. In the city of Lysekil, the refinery is not only an important source of local employment but also deeply entangled with community identity and sense of place. However, the chapter also points to the multiple interpretations of just transitions to climate neutrality and the power of narrative to open-up possibilities for decarbonized futures.