Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.
In 2020, the Paris Agreement is the pinnacle of international law on climate change. It orchestrates global climate action over the coming decades. Countries agreed to limit global warming to well below 2°C above preindustrial times, closer to 1.5°C. Humankind will only achieve this temperature goal if we domesticate our international climate commitments. Judges have proven to be instrumental in holding their governments accountable for their climate pledges. Report Four of this four-part series explores the nature of the Paris Agreement, its history, and the framework of international instruments and international legal principles that support global and domestic climate action.
National legal and policy frameworks underpin international climate action because they are the backbone of domestic responses to the climate emergency. Unless they support global objectives, local climate action stalls. Concerned by sluggish national responses to climate change or injured by its impacts, citizens are filing lawsuits, making courts central to national climate governance. To adjudicate these lawsuits, courts require current information about their climate change legal and policy frameworks. This report provides holistic syntheses of the climate legal and policy frameworks of 32 countries in Asia and the Pacific and discusses key legislative trends and climate-relevant constitutional rights.
Globally, women are disproportionately impacted by climate change and disasters due to gender inequalities and limited opportunities to participate in decision-making processes. To help address this imbalance, this publication provides guidance on how to integrate gender equality in laws and policies on climate change and disaster management in developing member countries of the Asian Development Bank. It provides a conceptual framework and good practice guide based on international norms and examples of national laws. It also demonstrates how gender-responsive laws and policies can contribute to women’s resilience to climate change and disasters. The publication was developed for the use of governments, policy-makers, organizations, and individuals engaged in gender-responsive legislative reforms.
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
Climate change in Asia and the Pacific is deadly and impacts communities now. Regional climate litigation seeks relief in increasingly urgent ways and judges need a tool kit to respond. Report Two of this four-part series is a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. No one can solve climate change alone and neither can any particular judiciary. Judges can, however, learn from each other, taking judicial excellence and applying it to the case before them.
Climate change is the defining challenge of our time. Without urgent climate action, humanity faces a world that cannot sustain civilization as we know it. People around the globe are demanding action, some with climate litigation. This four-part report series recognizes the inevitability of increased litigation in the era of climate change and judges need a tool kit to respond. Report One explains how judges from Asia and the Pacific contribute to climate governance, along with the Asian Development Bank’s rationale for producing this report series. It guides readers through some of the basics about climate change: What is causing it? How do we know? How bad might it get? What do we do about it?
This handbook offers a comprehensive overview of the international relations of South Asia. South Asia as a region is increasingly assuming greater significance in global politics for a host of compelling reasons. This volume offers the most comprehensive collection of perspectives on the international politics of South Asia, and it it covers an extensive range of issues spanning from inter-state wars to migration in the region. Each contribution provides a careful discussion of the four major theoretical approaches to the study of international politics: Realism, Constructivism, Liberalism, and Critical Theory. In turn, the chapters discuss the relevance of each approach to the issue area addressed in the book. The volume offers coverage of the key issues under four thematic sections: - Theoretical Approaches to the Study of the International Relations of South Asia - Traditional and Emerging Security Issues in South Asia - The International Relations of South Asia - Cross-cutting Regional Issues Further, every effort has been made in the chapters to discuss the origins, evolution and future direction of each issue. This book will be of much interest to students of South Asian politics, human security, regional security, and International Relations in general.
This book contributes to the multidisciplinary debate about social–ecological systems (SES) within the perspective of rethinking the nature of interaction between these systems, especially in the Anthropocene Era. Most chapters either deliberate on risk dynamics threatening current SES or stimulate thought processes to manage such risks and related negative implications. After analyzing the main drivers of SES vulnerability, the book highlights the shifts to be made to enhance the sustainability and resilience of these systems, mainly the integration and restructuring of governance frameworks, the reorganization of production and consumption systems far from conventional models based on consumerism, the elaboration of mitigation, adaptation, and SDGs implementation measures from a co-benefit perspective, and the consideration of appropriate approaches and paradigms while elaborating and implementing response mechanisms. This volume is relevant to researchers/experts, students, practitioners, and decision-makers from different scales and spheres.
In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all? With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.
