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Incorporating international environmental legal principles into future climate change instruments

Maguire, Rowena (2012) Incorporating international environmental legal principles into future climate change instruments. Carbon and Climate Law Review, pp. 101-113.

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    Abstract

    The article explores the role of international environmental legal principles and their role in future climate change instruments. The five international environmental legal principles explored in this context are: inter and intergenerational equity, the precautionary principle, common but differentiated responsibility, the polluter pays and principle and the principles of responsibility and prevention. Principles are used within regulatory frameworks to guide the interpretation and implementation of the obligations specified within the instrument. It is found that these principles provide a useful basis for the development of international adaptation and mitigation measures that are equitable and ethical in nature. This article argues that these principles must be drafted more strategically into international climate change instruments allowing them to serve as a foundational basis upon which more stringent and equitable binding duties and rights can be derived from. This article makes some recommendations as to the type of obligations that these principles could be used to inform in future climate instruments.

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    ID Code: 54155
    Item Type: Journal Article
    Additional URLs:
    Keywords: climate change, greenhouse gass emissions, international environmental law
    ISSN: 1864-9904 (online) 1864-9904 (print)
    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
    Copyright Owner: Copyright 2012 Please consult the author.
    Deposited On: 15 Oct 2012 12:50
    Last Modified: 21 Oct 2012 14:31

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