ABSTRACT

Niggling concerns about the role of academic law in the conversation on climate change invite people to consider the extent of the substantive climate change law presently in place and its contribution to the conduct of states in the international community. From its very beginning, the international climate change regime did not seek to reverse global warming. According to the United Nation Framework Convention on Climate Change (FCCC), states are to limit their emissions to avoid 'dangerous' warming. At the domestic level, there are two possible sources of climate change law: statutory law and case law. In some countries, greenhouse gas emissions have been classed together with atmospheric pollutants. One cure for law's marginalization is for legal scholars to seek to throw light on the very nature of climate change control emanating from the level of the FCCC and the implementation systems it has given rise to.