Doing the Groundwork: State, Local and Judicial Contributions to Climate Change Law in Australia

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Title Doing the Groundwork: State, Local and Judicial Contributions to Climate Change Law in Australia
Author England, Philippa Carmel
Journal Name Environmental and Planning Law Journal
Editor Gerry Bates
Year Published 2008
Place of publication NSW, Australia
Publisher Lawbook Co.
Abstract This article attempts a principled analysis of the contributions made by States, local governments and the judiciary to the development of climate change law and policy in Australia. It organises their contributions around three over-arching legal principles: inter-generational equity; the precautionary principle; and the recognition of climate change as a "common concern". The article outlines briefly the origin and status of each of the over-arching principles. It then proceeds to explore the relevance and applicability of each principle to domestic climate change issues, focusing on some existing developments in local government, State and judicial fora. Finally, the article speculates on how these principles might continue to contribute to the evolution of climate change law and policy in Australia. It is hoped this discussion of diverse domestic measures in the context of three over-arching, thematic principles will ensure that State, local government and judicial experience to date serves to inform and enrich national policy development and the ongoing evolution of climate change law.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=886
Copyright Statement Copyright 2008 Thomson Legal & Regulatory Limited. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 25
Issue Number 5
Page from 360
Page to 379
ISSN 0813-300X
Date Accessioned 2009-02-04
Date Available 2009-05-27T08:39:27Z
Language en_AU
Faculty Griffith Law School
Subject Environmental and Natural Resources Law
URI http://hdl.handle.net/10072/23223
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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