Criminological and Legal Consequences of Climate Change

282 Pages·2012·0.888 MB·English

by  Stephen Farrall, Tawhida Ahmed, Duncan French

CRIMINOLOGICAL AND LEGAL
CONSEQUENCES OF CLIMATE CHANGE
This edited collection, the result of an international seminar held at the
International Institute for the Sociology of Law, Oñati, Spain in 2010,
explores the potential legal and criminological consequences of climate
change, both domestically and for the international community. A novel
feature of the book is the consideration given to the potential synergies
between the two disciplinary foci, thus to encourage among legal scholars
and criminologists not only an analysis of the consequences of climate
change from these perspectives but to bring these fields together to provide
a unique, inter-disciplinary exploration of the ways in which climate change
does, or could, impact on our societies. Such an inter-disciplinary approach
is necessary given that climate change is a multifaceted phenomenon and
one which is intimately linked across disciplines. To study this topic from
the point of view of a single social science discipline restricts our under-
standing of the societal consequences of climate change. It is hoped that this
edited collection will identify emerging areas of concern, illuminate areas
for further research and, most of all, encourage future academic discussion
on this most critical of issues.
Oñati International Series in Law and Society
A SERIES PUBLISHED FOR THE OÑATI INSTITUTE
FOR THE SOCIOLOGY OF LAW
General Editors
Rosemary Hunter David Nelken
Founding Editors
William L F Felstiner Eve Darian-Smith
Board of General Editors
Carlos Lugo, Hostos Law School, Puerto Rico
Jacek Kurczewski, Warsaw University, Poland
Marie-Claire Foblets, Leuven University, Belgium
Roderick Macdonald, McGill University, Canada
Recent titles in this series
The Legal Tender of Gender: Welfare Law and the Regulation of
Women’s Poverty
edited by Shelley Gavigan and Dorothy Chunn
Human Rights at Work
edited by Colin Fenwick and Tonia Novitz
Travels of the Criminal Question: Cultural Embeddedness and Diffusion
edited by Dario Melossi, Máximo Sozzo and Richard Sparks
Feminist Perspectives on Contemporary International Law: Between
Resistance and Compliance?
edited by Sari Kouvo and Zoe Pearson
Challenging Gender Inequality in Tax Policy Making: Comparative
Perspectives
edited by Kim Brooks, Åsa Gunnarson, Lisa Philipps and Maria Wersig
Emotions, Crime and Justice
edited by Susanne Karstedt, Ian Loader and Heather Strang
Mediation in Political Conflicts
Soft Power or Counter Culture?
edited by Jacques Faget
For the complete list of titles in this series, see
‘Oñati International Series in Law and Society’ link at
www.hartpub.co.uk/books/series.asp
Criminological and Legal
Consequences of Climate
Change
Edited by
Stephen Farrall
Tawhida Ahmed
and
Duncan French
Oñati International Series in Law and Society
A SERIES PUBLISHED FOR THE OÑATI INSTITUTE
FOR THE SOCIOLOGY OF LAW
OXFORD AND PORTLAND OREGON
2012
Published in the United Kingdom by Hart Publishing Ltd
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a retrieval system, or transmitted, in any form or by any means, without the prior
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Acknowledgements
We would like to thank our funders for their generosity; the International
Institute for the Sociology of Law (in Oñati, Spain) were kind enough to
offer us a venue for our initial deliberations in April 2010, and we would
like to thank Malen Gordoa Mendizabal and her staff for their excellent
organisation of our event (and for dealing with volcanic ash as well as
climate change). The travel to and from Oñati was supported by a grant
from the British Academy and we thank them for their award. At Sheffield,
we owe thanks to Sarah Beedham and Harriet Godfrey for booking flights
and dealing with nervous, twitchy co-organisers stressing about Icelandic
volcanoes. Rachel Turner at Hart did a superb job of handling the manu-
script from initial proposal to completed book. Finally, we must thank our
contributors and the others who attended the seminar in Oñati for their
enthusiasm and for the quality of their thinking and writing.

Contents
Acknowledgements ...................................................................................v
List of Contributors .................................................................................ix
Introduction: Exploring the Legal and Criminological Consequences
of Climate Change: An Introduction .........................................................1
Stephen Farrall, Tawhida Ahmed and Duncan French
1. Where Might We Be Headed? Some of the Possible Consequences
of Climate Change for the Criminological Research Agenda................7
Stephen Farrall
2. International Legal Responses to the Challenges of a Lower Carbon
Future: Energy Law for the Twenty-first Century .............................27
Catherine Redgwell
3. UK Climate Change Litigation: Between Hard and
Soft Framing ......................................................................................47
Chris Hilson
4. Climate Change and Paradoxical Harm .............................................63
Rob White
5. Corporate Governance and Climate Change ......................................79
Sally Wheeler
6. Climate Change, Environmental (In)Security,
Conflict and Crime .............................................................................97
Nigel South
7. Analysis of Climate Change from a Human Rights
Perspective ........................................................................................113
Tom Obokata
8. Climate Change and Aid Funding: An Appraisal of Recent
Developments ...................................................................................133
Anna La Chimia
9. Climate Change: Effects on Mobility of EU Workers and
the Need to Safeguard Supplementary (Occupational)
Pension Rights ..................................................................................151
Konstantina Kalogeropoulou
viii Contents
10. D efining Pollution Down: Forestry, Climate Change and the
Dark Figure of Carbon Emissions ..................................................169
Mark Halsey
11. Personal Carbon Trading: Towards Sustainable Consumption
in an Age of Climate Change and Energy Constraints ...................193
Peter Doran
12. State Responsibility for the Adverse Impacts of Climate
Change on Individuals: Assessing the Potential for an
Interdisciplinary Approach .............................................................215
Matthew Hall
13. Situating Climate Change in (International) Law: A Triptych
of Competing Narratives ................................................................241
Tawhida Ahmed and Duncan French
Index .....................................................................................................265
List of Contributors
Dr Tawhida Ahmed is Lecturer in Law, School of Law, University of
Reading.
Dr Peter Doran is Lecturer in Environmental Law and Sustainable
Development, School of Law, Queen’s University Belfast.
Stephen Farrall is Professor of Criminology, School of Law, University of
Sheffi eld.
Duncan French is Professor of International Law and Head of the Law
School, University of Lincoln.
Dr Matthew Hall is Senior Lecturer in Law and Criminal Justice, School of
Law, University of Sheffi eld.
Mark Halsey is Professor of Criminal Justice, Law School, Flinders
University, Australia.
Chris Hilson is Professor of Law and Head of the School of Law, University
of Reading.
Dr Konstantina Kalogeropoulou is Senior Lecturer, Kingston Law School,
Kingston University.
Dr Annamaria La Chimia is Lecturer in Law, University of Nottingham.
Dr Tom Obokata is Senior Lecturer at the Human Rights Centre, School of
Law, Queen’s University Belfast.
Catherine Redgwell is Professor of International Law, Faculty of Laws,
University College London.
Nigel South is Professor of Sociology and Pro-Vice-Chancellor, University
of Essex.
Sally Wheeler is Professor of Law, Business and Society, School of Law,
Queen’s University Belfast.
Rob White is Professor of Criminology, School of Sociology and Social
Work, University of Tasmania, Australia.