Climate Change and International Law. Exploring the Linkages Between Human Rights, Environment, Trade and Investment

Mapping the relevant principles and norms of international law, the paper discusses scientific evidence and identifies current legal foundations of climate change mitigation adaptation and communication in international environmental law, human rights protection and international trade regulation in WTO law. It briefly discusses the evolution and architecture of relevant multilateral environmental agreements, in particular the UN Framework Convention on Climate Change. It discusses the potential role of human rights in identifying pertinent goals and values of mitigation and adaptation and eventually turns to principles and rules of international trade regulation and investment protection which are likely to be of crucial importance should the advent of a new multilateral agreement fail to materialize. The economic and legal relevance of rules on tariffs, border tax adjustment and subsidies, services and intellectual property and investment law are discussed in relation to the production, supply and use of energy. Moreover, lessons from trade negotiations may be drawn for negotiations of future environmental instruments. The paper offers a survey of the main interacting areas of public international law and discusses the intricate interaction of all these components informing climate change mitigation, adaptation and communication in international law in light of an emerging doctrine of multilayered governance. It seeks to contribute to greater coherence of what today is highly fragmented and rarely discussed in an overall context. The paper argues that trade regulation will be of critical importance in assessing domestic policies and potential trade remedies offer powerful incentives for all nations alike to participate in a multilateral framework defining appropriate goals and principles.

Clutch-size adjustments and skew models: effects on reproductive partitioning and group stability

Reproductive skew theory seeks to integrate social and ecological factors thought to influence the division of reproduction among group-living animals. However, most reproductive skew models only examine interactions between individuals of the same sex. Here, we suggest that females can influence group stability and conflict among males by modifying their clutch size and may do so if they benefit from the presence of subordinate male helpers or from reduced conflict. We develop 3 models, based on concessions-based, restraint, and tug-of-war models, in which female clutch size is variable and ask when females will increase their clutch size above that which would be optimal in the absence of male-male conflict. In concessions-based and restraint models, females should increase clutch size above their optima if the benefits of staying for subordinate males are relatively low. Relatedness between males has no effect on clutch size. When females do increase clutch size, the division of reproduction between males is not influenced by relatedness and does not differ between restraint and concessions-based models. Both of these predictions are in sharp contrast to previous models. In tug-of-war models, clutch size is strongly influenced by relatedness between males, with the largest clutches, but the fewest surviving offspring, produced when males are unrelated. These 3 models demonstrate the importance of considering third-party interests in the decisions of group-living organisms.