The Federation Press

Legal Responses to Climate Change


The challenges of climate change pose problems requiring new and innovative legal responses by legal practitioners, government officials and corporate officers.

This book addresses a broad range of topic areas where climate change has impact and systematically analyses the key legal responses to climate change, both at the international level and within Australia at federal, State and local levels.

In particular, it critically examines:

  • the rights, duties and market mechanisms established under the international climate change regime
  • the effect of climate change policies on the implementation of environmental and planning laws
  • new regimes for the implementation of renewable energy and energy efficiency initiatives
  • legal frameworks for the implementation of biological and geological sequestration projects (including forest projects and carbon rights); and
  • legal principles for the design of an effective carbon trading scheme for Australia

It also considers the role of the common law including:

  • the likely response of the law of torts to emerging forms of climate change harm; and
  • potential liabilities for professionals who must take climate change into account in their decision-making and advice

Dr Nicola Durrant is now known as Dr Nicola Swayne.

Table of Contents

The Role of Law in Responding to Climate Change

Part I - Setting the Foundations
Science and Economics of Climate Change Comparative Models of Atmospheric Regulation

Part II - The International Response to Climate Change
Architecture of the UNFCCC and Kyoto Protocol The Kyoto Flexibility Mechanisms Monitoring and Enforcement of the International Climate Change RegimeFuture Directions Post-Copenhagen

Part III - Australia’s Legislative Response to Climate Change
The Traditional Approach to Emissions Reductions Creating an Effective Emissions Trading Scheme Renewable Energy and Tradeable Certificates Energy Efficiency in the Property Sector

Part IV - Sequestration and Offset Projects in Australia
Legal Issues in Biological Sequestration Rights and Liabilities in Carbon Capture and Storage

Part V - Environmental Law and Climate Change Harm
The Role of Environmental Law in Minimising Harm State-Based Assessment of Greenhouse Gas Emissions Assessment and Approval under Federal Environmental Law Facilitating Adaptation to the Impacts of Climate Change

Part VI - Common Law of Torts and Professional Liability
The Hypothetical Climate Suit in Negligence Climate Change and Causation Issues Liabilities of Local Authorities in Adapting to Climate ChangeProspects of Success and Insurance Professional Liability and Climate Change Index

Of interest...