This article examines how carbon dioxide (CO2) removal credits can be integrated into the European Union (EU) Emissions Trading System (ETS), focusing on questions of permanence and climate liability. It identifies challenges within the integration process and analyzes approaches from practice and literature to cultivate learning. These approaches apply different strategies to address the issue of permanence, including temporary credit issuance, granting credits once a certain number of carbon tonne-years have been accumulated, or issuing credits at the beginning of the project period and relying on liability instead. Drawing from the findings of this research, the article presents legal considerations that may inform a proposal for an EU legislative act on the integration of carbon removal credits into the EU ETS. It suggests that only credits issued for permanent CO2 removal should be integrated to ensure the environmental integrity of the system. Furthermore, the liability of the project operator should transfer to the Member State under certain conditions to make liability risks more predictable.

This article studies eight cities in four countries in the southern African region (Namibia, Zimbabwe, South Africa, and Botswana) to explore whether and how local governing authority has been channelled towards local climate-resilient development. The authors undertook a desk-based identification and review of available primary and secondary legal sources and normative documents while also drawing on scientific papers and policy documents for statistics and information about urbanization, climate change, politics, and governance in the selected countries. The analysis is interested in the law but is not strictly of a legal nature in the sense that the authors did not aim for a critical analysis of the regulatory detail in the relevant legal instruments. Instead, the article provides an evaluation of the political, de facto choices made by selected local governments as to how and to what extent to utilize their governing authority (legislative and executive) towards climate-resilient development. The authors explore if and how local government powers in the four southern African countries are currently leveraged for local climate action, and comment on the possible reasons for the status quo by comparing the four jurisdictions.

Climate change emergency requires rapide and determined action. The procrastination of the French state is not without consequences. One of them is that the High Administrative Court (Conseil d'Etat) found that climate risk is not taken seriously enough and is insufficiently addressed. In two decisions ruled in 2020 and 2021, the Conseil d'Etat in France had the opportunity to express itself on these issues. This is the case known as “Grande Synthe”, referring to the city that filed the petition before the High Court, in an appeal for “exces de pouvoir” –exces of power -, asking the administration to take further action in the fight against climate change. Civil society in France is indeed becoming impatient and taking legal action challenging the lack of ambition of the State in climate matters. The decision commented here will no doubt serve as a model for other similar decisions and for other European countries. It will lead to an increase of climate litigation in France and abroad.

This paper makes a case for the integration of compulsory climate change topics across the core law curriculum. It argues that the most persuasive rationale for this is based in climate legal obligations and institutions, and a clear-eyed perception of climate risk, rather than the sustainability agenda. To this end, the paper outlines efforts taken to ‘mainstream’ climate change and environmental law education in a core course of the LLB degree – land law. An empirical study sought to evaluate the students’ engagement with these materials, and their broader views concerning climate change and their legal education. The paper critically evaluates the course and the results of the empirical study. It concludes that students want to be, and should be, taught climate law and the climate context of law as part of their prescribed learning throughout the core curriculum, rather than as optional or elective content.

This paper analyses the EU proposal for a carbon border adjustment mechanism (CBAM) and a recent US proposal for the establishment of a border carbon adjustment (BCA) as examples of ‘defensive’ policies, broadly informed by an economic level playing field and an environmental level playing field rationale. From an environmental law perspective, the CBAM's narrow focus on price-based policies, distortions of competition and trade intensity is unsatisfactory; however, the EU CBAM is more feasible in practical terms and overall more likely to be WTO law compatible than the US proposal for a BCA. An environmental level playing field perspective is associated with several practical problems: these relate to the determination of environmental equivalence, the identification of appropriate remedies, and the demarcation of the scope of application of the relevant regulatory arrangements. Further, measures informed by an economic level playing field rationale can be easier to justify under WTO law. Taking stock of these findings, the paper concludes that practical obstacles and structural legal constraints push towards a narrower focus on an economic level playing field, as a matter of regulatory design.

This study examines how the climate litigation approach builds pathways to face climate emergency. In light of recent jurisdictional developments, this article underlines the links between legislation, litigation, and public policies to trace ways, progress and obstacles to face it. Those emergent dynamics contribute to build a lasting and sustainable climate change legal regime. Intertwining the different climate disputes in the world and the progress made through the elaboration of different climate laws allow to have a panoramic visibility on this new mode of climate governance which appears in filigree today all over the world and especially in France.

Federalism is ostensibly misplaced to mitigate climate change as a global public concern as it is prone to import the inadequate incentive structures existing at the international level into the domestic domain. Drawing from the legal structures and procedures of Swiss federalism, this article attempts to provide a more nuanced assessment of the relationship between laws designed to mitigate climate change and federalism. It seeks to demonstrate that federalism may support effective policies to mitigate climate change, provided that the architecture of domestic climate change law meets certain criteria. These include considerable federal powers, a degree of institutional flexibility, robust formal channels of influence for subnational actors on policy formulation at the federal level, ample room for regulatory experimentalism at the lower layers of federalism, and the ‘right to act’ conferred on the Federation to avoid political impasse among the constituent units.

Meat production and the transport sector contribute almost equally to global warming. However, unlike the transport sector, in terms of climate change policies meat production is relatively unregulated. Many scientists have called for a meat tax as a means of reducing consumption but governments and politicians have not responded. Has the law been an obstacle to the acceptance of a meat tax? To address that question, this article analyzes three examples of European Union (EU) taxes that could be imposed on the consumption of domestic and imported meat, and examines them in relation to the international climate change regime, human rights law, and the legal regimes of the World Trade Organization and the EU. It shows that, if carefully designed, an EU meat tax is consistent with these bodies of law. To address adequately the industrial sectors that give rise to global warming, governments will need to overcome the taboo relating to the concept of a meat tax.