Editors' Note
| Author | Paulo A. Lopes - Melissa Blue Sky |
| Position | Editors-In-Chief |
| Pages | 1-1 |
impacts from climate changes are disproportionate compared
with the continent’s contribution. These articles review the key
challenges and prospects in sustaining the outcomes of the sev-
enth African Development Forum to address climate change,
and the effects of establishing renewable energy feed in tariffs
in South Africa.
As the climate conference in South Africa approaches
and the international community again prepares for negotia-
tions extending into the early mornings, we must remember
that while climate change is most often seen as an international
issue, actions, agreements, and compromises at all levels are
required to succeed in our efforts to mitigate climate change.
Paulo A. Lopes Melissa Blue Sky
Editor-In-Chief Editor-In-Chief
1SUSTAINABLE DEVELOPMENT LAW & POLICY
Sustainable Development Law & Policy publishes a
Climate Law Reporter each year with a goal of pro-
viding practitioners and academia around the world
with an accessible and concise report on the current state of
climate law. After taking stock and regrouping following the
UNFCCC negotiations in Copenhagen, the international com-
munity began to focus on the December 2010 meeting in Can-
cún, Mexico. With the continued inability of the U.S. Congress
to pass a climate bill, expectations were not high going into the
Cancún negotiations. Although Parties moved forward with the
acceptance of numerous Agreements and Decisions, a succes-
sor to the Kyoto Protocol with the continuation of a bifurcated
approach—different obligations and responsibilities for devel-
oped and developing countries—appeared even more uncer-
tain. As the international community looks toward the 2011
negotiations in Durban, South Africa, expectations are again
increasing.
One of the major challenges to reaching an international
binding agreement over the past ten years has been the opposi-
tion by the United States. But in more recent years the inter-
national community has also come to recognize China as a
countervailing force. This issue of the Climate Law Reporter
includes proposals for climate change mitigation, as well as
shifting approaches to address climate policy and effects of cli-
mate change. One of our authors reviews the tension between
the United States and China on “green technology” and ques-
tions whether the portrayal of a “green energy race” is accu-
rate or advantageous for either country. Other articles focus on
climate change mitigation mechanisms such as the role of due
process in the carbon markets; which metrics are best for addi-
tionality of carbon sequestration projects; the inclusion of other
ecosystems and services beyond the confines of current forestry
programs including reducing emissions from deforestation and
forest degradation (“REDD”) programs; and even if private
property monetization of carbon reduction is an approach we
should pursue. Another article performs a comparative analy-
sis of the successes and failures of climate change litigation
tactics across venues and continents, while one author sug-
gests that litigation and legislation might not be necessary
because the U.S. President already has authority under existing
national security laws to mitigate the threat of climate change.
Additionally, one article focuses on an aspect of human rights
challenges inherent in climate change—developing country
use of clean energy technologies that are protected by intel-
lectual property rights, frequently held by developed countries
thousands of miles away. Two authors focus on Africa, where
EDITORS’ NOTE
FEATURES:
37 | HAZY SKIES IN AMERICA’S FUTURE?: THE BATTLE
BETWEEN “FREE INDUSTRY” AND CLEAN AIR
by Oded Cedar
56 | CLIMATE CHANGE AND SMALL ISLAND STATES:
ADRIFT IN A RAISING SEA OF LEGAL UNCERTAINTY
by Jeremy Kelley
64 | IS NEWER TECHNOLOGY ALWAYS BETTER?:
WHY INDIGENOUS PEOPLES’ TECHNOLOGY SHOULD
BE INCORPORATED INTO THE INTERNATIONAL FIGHT
AGAINST CLIMATE CHANGE
by Ashley Gardana
69 | WORLD NEWS UPDATE: UNFCCC GREEN
CLIMATE FUND CREATED
by Laura Drummond
