Legal and policy responses to climate change in Central Asian countries are in its early stages, ... more Legal and policy responses to climate change in Central Asian countries are in its early stages, albeit progressing at a fast speed. All countries in the region have adopted soft law instruments on climate change, such as strategies, plans of action for implementing strategies or sectoral action plans for adaptation and mitigation. But Central Asian countries have not introduced substantive laws on climate change, instead they have incorporated their mitigation and adaptation objectives into their policies of national development strategies, and mainstreamed the issue across the sectors and are implementing related targets providing financial support to climate change related activities. Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan have more coherent legal and policy responses to climate change in the region. This article finds that in general countries’ frameworks related to mitigation are more advanced, nevertheless, in recent time adaptation policies are increasingly impr...
Tajikistan government has started taking a strong leadership towards sustainable development and ... more Tajikistan government has started taking a strong leadership towards sustainable development and combating climate change, as it will be very strongly affected by the impacts of climatic changes in the next one hundred years. It has pledged before the UNFCCC to take ambitious steps in adaptation and mitigation measures. In meantime, some foreign investors have started shifting their investments from ‘brown’ to ‘green’ due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international environmental norms law with international investment protection standards in case of Tajikistan.
Despite the intended support of the Agreement on Trade-Related Aspects of Intellectual Property R... more Despite the intended support of the Agreement on Trade-Related Aspects of Intellectual Property Rights for the dissemination and transfer of Environmentally Sound Technologies to developing countries, Agreement has been criticized by developing countries for actually impeding the access and transfer of such technologies. Environmentally Sound technologies have a vital role for mitigation and adaptation of climate change impacts, and developing countries are the most vulnerable among other countries to the strong impacts of climatic changes due to their low technological capacity and geographical locations. However, most of these technologies remain in developed countries and their transfer needs to be improved. To improve the transfer, developing countries have sought modification of the Agreement, primarily through the removal of intellectual property protection for Environmentally Sound Technologies. This article critically enquires into whether the Agreement actually impedes the ...
The Law Reasearch institutute of Hongik University, 2018
Tajikistan government has started taking a strong leadership towards sustainable development and ... more Tajikistan government has started taking a strong leadership towards sustainable development and combating climate change, as it will be very strongly affected by the impacts of climatic changes in the next one hundred years. It has pledged before the UNFCCC to take ambitious steps in adaptation and mitigation measures. In meantime, some foreign investors have started shifting their investments from ‘brown’ to ‘green’ due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international environmental norms law with international investment protection standards in case of Tajikistan.
Legal and policy responses to climate change in Central Asian countries are in its early stages, ... more Legal and policy responses to climate change in Central Asian countries are in its early stages, albeit progressing at a fast speed. All countries in the region have adopted soft law instruments on climate change, such as strategies, plans of action for implementing strategies or sectoral action plans for adaptation and mitigation. But Central Asian countries have not introduced substantive laws on climate change, instead they have incorporated their mitigation and adaptation objectives into their policies of national development strategies, and mainstreamed the issue across the sectors and are implementing related targets providing financial support to climate change related activities. Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan have more coherent legal and policy responses to climate change in the region. This article finds that in general countries’ frameworks related to mitigation are more advanced, nevertheless, in recent time adaptation policies are increasingly impr...
Tajikistan government has started taking a strong leadership towards sustainable development and ... more Tajikistan government has started taking a strong leadership towards sustainable development and combating climate change, as it will be very strongly affected by the impacts of climatic changes in the next one hundred years. It has pledged before the UNFCCC to take ambitious steps in adaptation and mitigation measures. In meantime, some foreign investors have started shifting their investments from ‘brown’ to ‘green’ due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international environmental norms law with international investment protection standards in case of Tajikistan.
Despite the intended support of the Agreement on Trade-Related Aspects of Intellectual Property R... more Despite the intended support of the Agreement on Trade-Related Aspects of Intellectual Property Rights for the dissemination and transfer of Environmentally Sound Technologies to developing countries, Agreement has been criticized by developing countries for actually impeding the access and transfer of such technologies. Environmentally Sound technologies have a vital role for mitigation and adaptation of climate change impacts, and developing countries are the most vulnerable among other countries to the strong impacts of climatic changes due to their low technological capacity and geographical locations. However, most of these technologies remain in developed countries and their transfer needs to be improved. To improve the transfer, developing countries have sought modification of the Agreement, primarily through the removal of intellectual property protection for Environmentally Sound Technologies. This article critically enquires into whether the Agreement actually impedes the ...
The Law Reasearch institutute of Hongik University, 2018
Tajikistan government has started taking a strong leadership towards sustainable development and ... more Tajikistan government has started taking a strong leadership towards sustainable development and combating climate change, as it will be very strongly affected by the impacts of climatic changes in the next one hundred years. It has pledged before the UNFCCC to take ambitious steps in adaptation and mitigation measures. In meantime, some foreign investors have started shifting their investments from ‘brown’ to ‘green’ due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international environmental norms law with international investment protection standards in case of Tajikistan.
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Papers by Parviz Odilov
due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of
government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international
environmental norms law with international investment protection standards in case of Tajikistan.
due to both strong impacts of climate change, as well as business opportunities, and have been considering to invest in major economic projects in Tajikistan. Nevertheless, Tajikistan obligation under the UNFCCC may result in a normative conflict with its obligations deriving from its International Investment Agreements, and create a threat of
government’s liability for measures undertaken to address climate change under the Investor State Dispute Settlement mechanism. Majority of Tajikistan international investment legislation actually lacks norms on environmental protection. This research attempts to fill this gap by discussing the possible ways of reconciling international
environmental norms law with international investment protection standards in case of Tajikistan.