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C39.CU4.12

International Standards and Remedies as Indirect Instruments for Climate Change and Green Transition Challenges

  • Reference person
    Nicola
    Napoletano
    nicola.napoletano@unitelmasapienza.it
  • Host University/Institute
    Unitelma Sapienza
  • Internship
    N
  • Research Keywords
    Climate Change and Green Transition
    International Remedies and Access to Justice
    Green Conditionalities and Sustainable Taxonomies
  • Reference ERCs
    SH7_6 Environmental and climate change, societal impact and policy
    SH2_4 Legal studies, constitutions, human rights, comparative law
    SH2_3 Conflict resolution, war, peace building, international law
  • Reference SDGs
    GOAL 13: Climate Action
    GOAL 16: Peace and Justice Strong Institutions
    GOAL 17: Partnerships to Achieve the Goal
  • Studente
  • Co-Supervisor

Description

The international action on climate change and the green transition has been mostly focused on the establishment of standards and medium- and long-term targets in international treaties. On the contrary, much less has been done regarding the financial means to achieve climate and environmental targets, as well as in terms of access to justice before international tribunals and monitoring bodies on these matters. The Research aims at analysing the design and implementation of two international financial tools, which can be crucial for a “green” recovery and which are largely overlooked in the current academic debate despite their huge relevance for international actors: 1) “green” conditionalities that are ever more called upon to incentivise compliance with environmental goals and to steer the use of public resources towards addressing climate concerns and contributing to the green transition; and 2) sustainable taxonomies that, with the increase of public and private investments allegedly related to “green” objectives, are essential classification schemes identifying which economic activities, assets and products qualify as “sustainable”. The Research will also tackle the procedural and substantive hurdles (i.e. the absence of the right to a healthy environment, the “victim” status) hindering access to domestic and international judicial remedies in environmental matters, with special attention to the rising climate change litigation before national and international courts.

Suggested skills:

Knowledge of International and European Environmental and Human Rights Law, along with a solid expertise and knowledge of the judicial and quasi-judicial body established by Human Rights Treaties at International and Regional level. Interdisciplinary skills and motivations to create synergies with other research areas and sectors and to work in a transdisciplinary perspective that takes into account different humanities and social science approaches.

Research team and environment

The RT comprises two international lawyers: Nicola Napoletano (Scientific Coordinator - Associate Professor) and Marco Fisicaro (Assitant Professor). The RT will benefit from the participation in the Jean Monnet Network (EP-JMN), of which are Partner also the Universities of Salamanca, Rome (Sapienza), Paris (Panthéon-Sorbonne), Amsterdam (VU), Konstanz and Groningen. The TM will be carried out in Laboratories, Research Centers and Groups and will investigate how and to which extent international (quasi-)judicial remedies in environmental matters, green conditionalities and sustainable taxonomies can develop into indirect instruments to enforce climate change and green transition objectives.