Book contents
- Debating Climate Law
- Debating Climate Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Debate 1: Customary Law
- Debate 2: The ILC’s Role
- ~ A ~ The International Law Commission’s Role in Developing International Law to Protect the Earth’s Atmosphere As It Relates to Climate Change
- ~ B ~ Why the ILC Should Not Seek to Codify Climate Law
- Debate 3: CBDR Principle
- Debate 4: Compliance
- Debate 5: Climate Litigation
- Debate 6: Human Rights
- Debate 7: Historical Responsibility
- Debate 8: Climate Migration
- Debate 9: Negative-Emission Technologies
- Debate 10: Solar Radiation Management
- Debate 11: Climate Assessment
- Reflection 1: Adaptation
- Reflection 2: Loss and Damage
- Reflection 3: Disappearing States
- Reflection 4: Climate Finance
- Reflection 5: Non-State Actors
- Reflection 6: Regime Inconsistency
- Reflection 7: Aesthetics
- Conclusion
- Index
~ B ~ - Why the ILC Should Not Seek to Codify Climate Law
from Debate 2: The ILC’s Role
Published online by Cambridge University Press: 15 June 2021
- Debating Climate Law
- Debating Climate Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Debate 1: Customary Law
- Debate 2: The ILC’s Role
- ~ A ~ The International Law Commission’s Role in Developing International Law to Protect the Earth’s Atmosphere As It Relates to Climate Change
- ~ B ~ Why the ILC Should Not Seek to Codify Climate Law
- Debate 3: CBDR Principle
- Debate 4: Compliance
- Debate 5: Climate Litigation
- Debate 6: Human Rights
- Debate 7: Historical Responsibility
- Debate 8: Climate Migration
- Debate 9: Negative-Emission Technologies
- Debate 10: Solar Radiation Management
- Debate 11: Climate Assessment
- Reflection 1: Adaptation
- Reflection 2: Loss and Damage
- Reflection 3: Disappearing States
- Reflection 4: Climate Finance
- Reflection 5: Non-State Actors
- Reflection 6: Regime Inconsistency
- Reflection 7: Aesthetics
- Conclusion
- Index
Summary
This chapter debates the role of the International Law Commission in codifying and promoting the progressive development of climate law. The ILC’s work on the protection of the atmosphere has proven to be particularly controversial. For Peter Sand, the ILC’s involvement is an opportunity to develop an authoritative interpretation of the ill-understood norms of general international law applicable to climate change. For Géraud de Lassus St-Geniès, the ILC has nothing to add to a problem that is being dealt with through treaty and international negotiation—which moreover requires an expertise which the ILC does not have and is about the mitigation of climate change rather than the ‘protection of the atmosphere’.
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- Debating Climate Law , pp. 50 - 62Publisher: Cambridge University PressPrint publication year: 2021