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DISPUTE RESOLUTION AND CLIMATE CHANGE
The Paris Agreement and Beyond
Acknowledgements
Foreword
Dispute Resolution and Climate Change
by Baroness Helena Kennedy QC
Co-Chair, International Bar Association
Climate Change and Human Rights Task Force
Preface
Business Responsibility and Climate Change
by John Danilovich
ICC Secretary-General
Chapter 1:
Introduction
by Wendy Miles QC
Partner, Debevoise & Plimpton, London; Vice Chair, IBA Arbitration Committee;
Chair, IBA Arbitration Committee Working Group on Climate Change Justice and Human Rights;
Vice-President, ICC Court of Arbitration
Chapter 2:
IBA Task Force on Climate Change Justice and Human Rights
by David W. Rivkin
Immediate Past President IBA, Partner Debevoise & Plimpton, New York
Chapter 3:
Adopting and Adapting Arbitration for Climate Change-Related Disputes
by Judith Levine
Senior Legal Counsel, Permanent Court of Arbitration
Chapter 4:
Update on the IBA Task Force on Climate Change Justice and Human Rights
by Roger Martella
Sidley Austin, Washington DC; Vice Chair, IBA Task Force on Climate Change Justice and Human Rights
Chapter 5:
Specific Concerns for Less Developed Nation States and Small Island Nations
by Antonio La Viña
Dean, Professor, Ateneo School of Government; and
Earl J Rivera-Dolera,
Independent Arbitrator/Tribunal Secretary, The Arbitration Chambers, Singapore
Chapter 6:
OECD’s Bribery and Corruption Regime as a Model for Climate Change?
by Nicola Bonucci
Director for Legal Affairs, OECD
Chapter 7:
ICC Sustainability Principles and Factors that Encourage Corporations to Invest in Sustainability
by Andrea Bacher
Senior Policy Manager, Environment & Energy, ICC
Chapter 8:
Overview of Private Contractual Obligations Relating to Environmental Protection in International Investment Contracts
by Martijn Wilder
Partner, Head of Global Environmental Markets, Baker & McKenzie
Chapter 9:
Green Climate Fund and Its Role in Promoting and Funding Sustainable Investment
by Gerd Droesse
Senior Advisor, Green Climate Fund
Chapter 10:
Contractual Requirements for Environmental Compliance in Agreement with State and State Entities in Arbitration
by Crenguta Leaua
Partner, Leaua & Asociatii
Chapter 11:
Balancing the State’s Duty to Protect the Environment with Its Obligations toward Foreign Investors
by Anna Joubin-Bret
Avocat à la Cour, Paris (France); former Senior Legal Advisor of UNCTAD
Chapter 12:
Trends in Investment Chapter/BIT Drafting to Address Environmental Protection
by Jeremy K. Sharpe
Partner, Shearman & Sterling; Former Chief of Investment Arbitration, U.S. State Department
Chapter 13:
Experiences from International Courts and Tribunals: An Outside Perspective
by Laurence Boisson de Chazournes
Professor of International Law, University of Geneva
Chapter 14:
The Role of Arbitration involving Non-State Actors in Making the FCCC Work
by Thomas F. McInerney
Adjunct Professor, Loyola University School of Law in Rome
Chapter 15:
The Progressive Approach and the Paris Agreement: A Stronger Response to Climate Change?
by Kate Cook
Matrix Chambers, Chair, The Legal Response Initiative
Chapter 16:
Potential Substantive Claims Arising Out of UNFCCC (Urgenda and Beyond) and Challenges Ahead
by Professor Michael Gerrard
Andrew Sabin Professor of Professional Practice, Director, Sabin Center for Climate Change Law, Columbia law School
Chapter 17:
Exploration of Other International Fora for Legitimacyand Enforceability
by Judge Sir David Baragwanath
Appellate Judge and Former President of the Special Tribunal for Lebanon
Chapter 18:
10 Years Back - Post COP12: A 2007 Snapshot of Climate Change Litigation, Potential Disputes and Alternative Dispute Resolution
by Edna Sussman
Independant Mediator and Arbitrator
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