Research: Climate Change Law

Project title: Regulating Climate Change: Emergent Law, Liabilities and the Markets

Researcher: Dr. Nicola Durrant, Faculty of Law/Institute for Sustainable Resources,

Achievements: LLB(Hons), BSc(Env) (GU) GradDipLP (ANU), PhD Candidate (Law) (QUT)



This research project aims to investigate the appropriate role of law in the effective global and national regulation of greenhouse gas emissions.


In particular, this project will evaluate the following aspects:

• the legal architecture and rules of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol;



• the rules and procedures for the implementation of emissions reduction projects and generation of tradeable emission instruments under the Kyoto Protocol;



• the effective legal framework for the global implementation and enforcement of a multinational global carbon market with consistent carbon trading systems across international and domestic jurisdictions;



• potential nation State liability, under international law, for greenhouse gas emissions; and



• • the emergence of climate change liabilities and obligations under domestic Australian environmental and planning laws, administrative laws and tortious principles.

Expected Completion: mid 2008



Biography

Dr. Nicola Durrant holds a specialised environmental law degree from Griffith University, Brisbane (LLB(Hons), BSc(Env)(GU)). Nicola was employed as a solicitor in the Environment and Construction (Property and Projects) group of Blake Dawson Waldron Lawyers, Sydney, from 2002 to 2005. She has extensive experience in all aspects of environmental law including climate law, environmental assessments, planning approvals, contaminated land management, vegetation management, water law and major projects.



Professional Memberships

• Admitted as a Solicitor and Barrister of the Supreme Court of New South Wales, 2002



• IUCN Commission on Environmental Law (by invitation) (2007-present)



• Alliance for Law, Governance and the Environment (co-founder) (2007-Present)



• Global Governance Project (Glogov) (2008- Present)



• Environmental Law Roundtable of Australia and New Zealand Associate (2007-Present)



• Law Council of Australia (2006 – Present)



• National Environmental Law Association (2005 – Present)



• Institute for Sustainable Resources, QUT (2005 – Present)



• Law Society of Queensland (2005 – Present)



• Golden Key International Honour Society (by invitation) (1998 – Present)

Recent Papers on Climate Change


Nicola Durrant, ‘Tortious Liability for Greenhouse Gas Emissions? Climate Change, Causation and Public Policy Considerations’ (2007) Volume 7, Issue 2 QUT Law and Justice Journal 403. [PDF]


Nicola Durrant ‘Professional Liability for Climate-Affected Advice’ (2007) Issue 60 Queensland Environmental Practice Reporter 114. [PDF]


Nicola Durrant ‘The Xstrata Coal Mine Challenge: Objections, Judicial Determinations and Natural Justice’ (2007) Issue 60 Queensland Environmental Practice Reporter125. [PDF]


Nicola Durrant, ‘Emissions Trading, Offsets and Other Mitigation Options for the Australian Coal Industry’, (2007) Volume 24, Issue 5 Environmental Planning and Law Journal 361. [PDF]


Donald Feaver and Nicola Durrant, ‘Architectures of International Regulation’ (2007)(QUT e-prints).


Nicola Durrant and Rowena Maguire, ‘An Integrated Legal Approach to Global Environmental Governance: Combating Climate Change, Drought and Deforestation’ (2007) Volume 9: Special Edition on Global Governance Canberra Law Review 65. [PDF]


Nicola Durrant, ‘Submission in Response to the Prime Minister’s Task Group on Emissions Trading Issues Paper’ (2007). [PDF]


Nicola Durrant, ‘The Science and Economics of Climate Change: an update on the Predictions’ (2007) Summer 2006: Issue 4. National Environmental Law Review 39 [PDF]


Nicola Durrant ‘Review: Climate Change Litigation: Analysing the Law, Scientific Evidence and Impacts on the Environment, Health and Property’ (2007) Volume 15: Issue 1 Environmental Liability Journal 39 [PDF] .



Recent Seminars on Climate Change Law and Carbon Trading:


Nicola Durrant, ‘Addressing Climate Liabilities in Common Transactional Documents’ National Environmental Law Association, ‘The Law of Climate Change’ Freemantle Western Australia, 27-28 March 2008.

Nicola Durrant, ‘Liabilities of Companies and Governments for Emissions and Climate Change’, Legalwise Continuing Legal Education Seminar on ‘Legal Liability for Climate Change’, Brisbane, 16 November 2007.

Nicola Durrant, ‘Climate Change, Emissions Trading and the Law’, ISR Seminar: Advanced Solutions for Real World Problems, Brisbane, 4 October 2007.

Nicola Durrant, ‘Climate Change Law and Liabilities’, Continuing Legal Education Program, Clayton Utz Lawyers, Brisbane, July 2007.

Nicola Durrant, ‘Strengths and Deficiencies of the International Climate Change Regime’, Marie Curie European Summer School on Earth System Governance, Amsterdam, June 2007.

Nicola Durrant, ‘Emissions Trading, Offsets and Other Mitigation Options for the Australian Coal Industry’, QCC/ EDO Seminar on Legal Responsibility for Greenhouse Gas Emissions from Coal Mined in Queensland, Brisbane, May 2007.


Link to Media Releases:

"The Essential Role of Law in Facilitating an Effective Carbon Trading Scheme" (Durrant, N. 2008)

"Carbon laws needed: research" (Courier Mail 2008)

"ISR Research Student Attending International Colloguium"
(Durrant, N. and Duncan, B. 2007)


Link to affiliated student research profile

Link to poster featuring Dr. Durrant's Postgraduate research on climate change and law. [PDF]

Information contact: