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Beyond the courtroom: the evolution of rights-based climate litigation from urgenda to held and its policy impact

100%

Buszman Z.

tom 102

56-76

This paper examines the growing trend of employing international and human rights law in domestic climate change lawsuits as a strategic tool for legal action. Using a qualitative and comparative analysis of seminal case law, such as Urgenda Foundation v the Netherlands and R (Friends of the Earth and others) v Heathrow Airport Ltd and Held v State, this paper aims to explain the juridical trajectories and methodologies employed in rights-based climate litigation. The primary objective is to critically evaluate the potential regulatory impact of this emergent jurisprudential paradigm on both domestic legislation and international climate change treaties. The study posits that when traditional enforcement mechanisms enshrined in international environmental law treaties prove ineffective, domestic litigation grounded in human rights claims serve as a catalyst for transformative jurisprudence. This, in turn, can exert substantial pressure on state and non-state actors, compelling them to adopt more strict regulatory measures to mitigate the effects of climate change. The aim of this paper is twofold: first, to elucidate the effectiveness and development of rights-based jurisprudence in climate litigation, and second, to assess its potential for influencing the creation of stronger regulatory mechanisms at both state and international levels. The paper argues that when international treaties fail to take adequate climate change action, domestic lawsuits based on human rights claims start to serve as a lever of change, pressuring both state and non-state actors into adopting more ambitious measures. The study underscores the importance of this rights-based approach not merely as a legal strategy but as a multifaceted tool for effectuating systemic regulatory advancements and fostering climate justice.

Carbon Accumulation Potential from Natural Forest Regrowth of Godech Municipality, Western Bulgaria

84%

Grigorov B.

tom Vol. 31, no. 1

192--199

The present research deals with carbon sequestration, as an important process for mitigating the effects of climate change. The investigation focuses on a 30-year period and it covers only aboveground biomass that builds up from natural forest regrowth, excluding any plantation techniques. Potential carbon sequestration rate from natural forest regrowth in Godech Municipality was measured in Mg C ha⁻¹ yr⁻¹ and the resolution of the map was 1x1 km. The results of the study display that carbon accumulation values in the researched area were consistent with those that were expected in the largest parts of Bulgaria. The biggest share of Godech Municipality falls within the range of 0.82 – 0.96 Mg C ha⁻¹ yr⁻¹ with restricted areas around the villages of Barlya, Smolcha, Gubesh, Murgash and Varbnitsa that may accumulate between 0.96 – 1.11 Mg C ha⁻¹ yr⁻¹. In conclusion, carbon accumulation only from natural forest regrowth provides representative information, however it would have been better if different plantation techniques were regarded as well. The successful results of the investigation should encourage other studies of this type in the neighbouring municipalities.

Assumptions and Challenges in The European Transport Policy with Particular Consideration of Maritime Transport

84%

Adamowicz M.

2020

nr XXXVIII