‘Whaling Out’ the Climate Problem: A New Framework of Analysis?
It is often considered that states may quite discretionarily define the course of their actions in order to combat global warming. While states do indeed enjoy discretion in this matter, it is not without limit and it can arguably be reviewed. Although the task of determining where the threshold lie...
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ftunivbruxelles:oai:dipot.ulb.ac.be:2013/349705 2023-05-15T13:37:12+02:00 ‘Whaling Out’ the Climate Problem: A New Framework of Analysis? Weyers, Laurent 2018-01 No full-text files http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/349705 en eng uri/info:doi/10.1007/978-3-319-92828-9_4 uri/info:scp/85135669157 http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/349705 Généralités Climate change Discretionary power Duty to give due regard Scientific uncertainty Whaling case info:eu-repo/semantics/bookPart info:ulb-repo/semantics/bookPart info:ulb-repo/semantics/openurl/bookitem 2018 ftunivbruxelles 2022-09-14T22:20:53Z It is often considered that states may quite discretionarily define the course of their actions in order to combat global warming. While states do indeed enjoy discretion in this matter, it is not without limit and it can arguably be reviewed. Although the task of determining where the threshold lies is an arduous one, reference to the reasoning followed by the International Court of Justice in the Whaling in the Antarctic case can somewhat facilitate its accomplishment. This is due to the analogy that can be drawn between the kind of legal questions raised in the Whaling case and those pertaining to combating climate change: whether and how a state’s discretionary power can be subject to judicial review; whether and how disputed scientific facts can be arbitrated upon; whether states, when determining the appropriate course of their actions, may be expected to give regard to certain elements of fact and law? From the Whaling case, it thus seems that a new framework of analysis can be drawn, allowing to better articulate the politics of climate change with the law and to transcend some of the main shortcomings of the international climate regime. This chapter is aimed at sketching out the main contours of this framework of analysis, the benefit of which, it is argued, is to uncover new ways around the complex issues that the climate problem encompasses, and to thereby help specify what obligations states have in this regard. SCOPUS: ch.b info:eu-repo/semantics/published Book Part Antarc* Antarctic DI-fusion : dépôt institutionnel de l'Université libre de Bruxelles (ULB) Antarctic The Antarctic |
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DI-fusion : dépôt institutionnel de l'Université libre de Bruxelles (ULB) |
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English |
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Généralités Climate change Discretionary power Duty to give due regard Scientific uncertainty Whaling case |
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Généralités Climate change Discretionary power Duty to give due regard Scientific uncertainty Whaling case Weyers, Laurent ‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
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Généralités Climate change Discretionary power Duty to give due regard Scientific uncertainty Whaling case |
description |
It is often considered that states may quite discretionarily define the course of their actions in order to combat global warming. While states do indeed enjoy discretion in this matter, it is not without limit and it can arguably be reviewed. Although the task of determining where the threshold lies is an arduous one, reference to the reasoning followed by the International Court of Justice in the Whaling in the Antarctic case can somewhat facilitate its accomplishment. This is due to the analogy that can be drawn between the kind of legal questions raised in the Whaling case and those pertaining to combating climate change: whether and how a state’s discretionary power can be subject to judicial review; whether and how disputed scientific facts can be arbitrated upon; whether states, when determining the appropriate course of their actions, may be expected to give regard to certain elements of fact and law? From the Whaling case, it thus seems that a new framework of analysis can be drawn, allowing to better articulate the politics of climate change with the law and to transcend some of the main shortcomings of the international climate regime. This chapter is aimed at sketching out the main contours of this framework of analysis, the benefit of which, it is argued, is to uncover new ways around the complex issues that the climate problem encompasses, and to thereby help specify what obligations states have in this regard. SCOPUS: ch.b info:eu-repo/semantics/published |
format |
Book Part |
author |
Weyers, Laurent |
author_facet |
Weyers, Laurent |
author_sort |
Weyers, Laurent |
title |
‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
title_short |
‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
title_full |
‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
title_fullStr |
‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
title_full_unstemmed |
‘Whaling Out’ the Climate Problem: A New Framework of Analysis? |
title_sort |
‘whaling out’ the climate problem: a new framework of analysis? |
publishDate |
2018 |
url |
http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/349705 |
geographic |
Antarctic The Antarctic |
geographic_facet |
Antarctic The Antarctic |
genre |
Antarc* Antarctic |
genre_facet |
Antarc* Antarctic |
op_relation |
uri/info:doi/10.1007/978-3-319-92828-9_4 uri/info:scp/85135669157 http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/349705 |
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