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10 Melb. J. Int'l L. 493 (2009)
Solidarity, Justice and Climate Change Law

handle is hein.journals/meljil10 and id is 501 raw text is: SOLIDARITY, JUSTICE AND CLIMATE CHANGE LAW ANGELA WILLIAMS * This think piece examines the concept of solidarity and contemplates the extent to which it is a relevant and valuable mechanism for the promotion of justice within climate change law. In particular, it is suggested that solidarity potentially offers greater depth and maturity than principles such as cooperation, which have previously been the focus of attention, thereby better reflecting the diversity and complexity of our international society. The climate change framework already features solidaristic measures in the form of the principle of 'common but differentiated responsibilities ', flexible mechanisms such as the 'clean development mechanism', and the introduction offunding initiatives. It is concluded that whilst solidarity is a mechanism which demonstrates potential for further promoting justice within international climate change law, there remains considerable scope for further development in this area. CONTENTS I Introduction ........................................................................................................... 49 3 II The Problem of Clim ate Change ........................................................................... 494 III A n Introduction to Solidarity ................................................................................. 497 A Solidarity am ongst W hom ? ....................................................................... 498 B W hy Solidarity? M otivation and Rationale .............................................. 500 IV Solidarity and International Law ........................................................................... 502 V Clim ate Change Law and Solidarity ..................................................................... 504 V I C oncluding Rem arks ............................................................................................. 507 I INTRODUCTION A welcome shift is occurring within climate change law. Over recent decades we have witnessed the emergence of an international legal framework recognising the environmental and human impacts of climate change, identifying differentiated responsibilities between states, and (mostly) agreeing to initial emission reduction targets. The principle of equity has subtly influenced the development of the international climate change regime, but there now exists a more conscious and overt shift towards promoting ideas of justice and fairness within climate change law. Importantly, this extends not only to the drafting of texts setting out the rights and responsibilities of states but also to the implementation and practical application of climate change mechanisms. The objective of this think piece is to introduce the concept of 'solidarity' and consider the extent to which it is a relevant and valuable mechanism for the promotion of justice within climate change law. Due to the complex and integrated nature of the problem, heavy reliance is placed on the principle of cooperation within climate change law. However, it is argued that solidarity potentially offers a more composite and mature principle that better reflects the diversity and complexity of our international society. • LLB (Waikato); LLM, PhD (Nottingham); Lecturer in Law, University of Sussex, United Kingdom.

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