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Unpacking the liability argument against loss and damage funding

Law Columbia

The issue of funding for loss and damage was first raised by the Alliance of Small Island States in the early 1990s, when the group proposed that the financial burden of sea level rise in low-lying and small island developing countries be borne by the world’s most industrialized nations. Ahead of COP18 in 2012, U.K. In the U.S.,

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Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

Law Columbia

Additionally, ITLOS can also apply rules of reference , referred to as “generally recognized international rules and standards” or “global rules and standards,” which exist in other sources of law incorporated into UNCLOS by reference ( see, e.g., Articles 207-2012 UNCLOS ). These rules are, in effect, binding norms incorporated into UNCLOS.

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Loss and Damage

Legal Planet

Even before adoption of the 1992 Framework Convention, the Alliance of Small Island States (AOSIS) had proposed an “International Insurance Pool” to pay vulnerable countries based on observed sea level rise. In the 2015 Paris Agreement , Article 8 acknowledged the importance of L&D and the accompanying decision 1/CP.21

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July 2017 Updates to the Climate Case Charts

Law Columbia

The court rejected the argument that claims against the original and 2012 versions of the LCFS were moot, noting that these earlier versions affected how credits were calculated under the 2015 version. The court said recalculation of past credits would be barred by the Eleventh Amendment.

2017 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

The court found that a 2012 no-jeopardy determination was unsupported, arbitrary, and capricious because it did not account for the owl’s recovery. 2012 CA 008263 B (D.C. Citing Resiliency and Sea Level Rise Concerns, Environmental Groups and California Challenged Negative Jurisdictional Determination for Redwood City Salt Ponds.

2019 40
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August 2021 Updates to the Climate Case Charts

Law Columbia

National Audubon Society alleged that the rule “vastly expands potential sand mining projects in delicate coastal barriers” and further alleged that coastal barriers would become even more important due to climate change and were expected to mitigate $108 billion of sea level rise and flooding damages over the next 50 years.

2021 40
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February 2020 Updates to the Climate Case Charts

Law Columbia

Montana Federal Court Agreed to Consider Keystone XL-Specific Documents and 2012 Biological Opinion in Challenge to Authorization Under Nationwide Permit. Lawsuit Sought Critical Habitat Designation for Green Sea Turtles Whose Habitat Is Threatened by Sea Level Rise and Other Factors. Williams , No. 19-cv-6855 (E.D.N.Y.

2020 40