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The Australian response to climate change : business as usual or legal innovation?

Durrant, Nicola A. (2010) The Australian response to climate change : business as usual or legal innovation? Environmental Law and Management, 22(3), pp. 105-114.

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Abstract

Through international agreement to the United Nations Framework Convention on Climate Change and the Kyoto Protocol the global community has acknowledged that climate change is a global problem and sought to achieve reductions in global emissions, within a sufficient timeframe, to avoid dangerous anthropogenic interference with the climate system. The sheer magnitude of emissions reductions required within such an urgent timeframe presents a challenge to conventional regulatory approaches both internationally and within Australia. The phenomenon of climate change is temporally and geographically challenging and it is scientifically complex and uncertain. The purpose of this paper is to analyse the current Australian legal response to climate change and to examine the legal measures which have been proposed to promote carbon trading, energy efficiency, renewable energy, and carbon sequestration initiatives across Australia. As this paper illustrates, the current Australian approach is clearly ineffective and the law as it stands overwhelmingly inadequate to address Australia’s emissions and meet the enormity of the challenges posed by climate change. Consequently, the government should look towards a more effective legal framework to achieve rapid and urgent transformations in the selection of energy sources, energy use and sequestration initiatives across the Australian community.

Impact and interest:

2 citations in Scopus
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ID Code: 39199
Item Type: Journal Article
Keywords: climate change, carbon rights, carbon trading, legal reform, renewable energy, environmental law, energy efficiency
ISSN: 1067-6058
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Sustainable Resources
Current > Research Centres > Law and Justice Research Centre
Funding:
  • ARC DISCOVERY GRANT/DP1094061
Copyright Owner: Copyright 2010 LawText.
Deposited On: 15 Dec 2010 11:42
Last Modified: 18 Jun 2014 16:08

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