Senior Lecturer in Climate Law

Director of Alumni Relations

LLB, LLM, Barrister-at-Laws
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Biography

Navraj Singh Ghaleigh has been the Lecturer in Public Law at Edinburgh since 2003. Previously a barrister in London and Lecturer at King's College London, he undertook his graduate work at the University of Cambridge, the European University Institute (Florence) and the University of California, Berkeley (Fulbright Scholar).

His work has been widely cited and reviewed in scholarly publications, the quality press, including the Times Literary Supplement and the Financial Times, and parliamentary reports. He has also advised regulatory agencies, committees, international organisations and major industry actors. Navraj is a Research Associate at the University of Zurich's e-Democracy Centre and in 2010 taught at the Duke-Geneva Institute in Transnational Law.

Navraj is also an editorial board member of Climate Law, and is that journal's book review editor. The inaugural issue of that journal draws in part from the Europa Institute funded seminar series, The EU, Climate Change and Global Governance, co-organised by Elizabeth Bomberg, Chad Damro and Navraj.

Research Interests

Navraj's research and teaching have two main strands:

  • Climate change law principally as a matter of public international law but addressing its relationship with other bodies of law, levels of law and disciplines. 
  • Electoral law, especially party and election funding, direct democracy and referendums and the implications of new technologies for the electoral process. 

In 2010 Navraj, with Professor Alan Boyle and Dr Daniel Augenstein, completed a major study for the European Commission, entitled "The legal framework on human rights and the environment applicable to European enterprises operating outside the EU". The project involved a team of international experts from across the EU, India, China, Chile, Nigeria, Rwanda and Mexico and can be downloaded here.

Websites

Mr Navraj Singh Ghaleigh's Homepage at Edinburgh Law School

Biography

Navraj Singh Ghaleigh has been the Lecturer in Public Law at Edinburgh since 2003. Previously a barrister in London and Lecturer at King's College London, he undertook his graduate work at the University of Cambridge, the European University Institute (Florence) and the University of California, Berkeley (Fulbright Scholar).

His work has been widely cited and reviewed in scholarly publications, the quality press, including the Times Literary Supplement and the Financial Times, and parliamentary reports. He has also advised regulatory agencies, committees, international organisations and major industry actors. Navraj is a Research Associate at the University of Zurich's e-Democracy Centre and in 2010 taught at the Duke-Geneva Institute in Transnational Law.

Navraj is also an editorial board member of Climate Law, and is that journal's book review editor. The inaugural issue of that journal draws in part from the Europa Institute funded seminar series, The EU, Climate Change and Global Governance, co-organised by Elizabeth Bomberg, Chad Damro and Navraj.

PhD Supervisees

Pascal Kurt Gotthardt  'Climate change and the World Trade Organization'

Christian Paul Jones  'Fundamental political freedoms, privacy, free speech and election regulation: The legal challenges of political marketing in the modern era'

Justin Damian Macinante  'Governance and regulation - the institutions and means of implementation for global networking of emissions trading schemes and carbon pricing mechanisms for greenhouse gas mitigation in the post-Paris Agreement environment.'

Dagmar Topf Aguiar De Medeiros  'Constitutionalisation of international law in order to achieve effective and legitimate global governance of the environment'

Yawen Zheng  'China's approaches to construct balanced investment treatment rules and responding strategies in investment arbitration'

Books and Reports

Navraj-Singh Ghaleigh, Legal Compensation Frameworks for Wind Farm Disturbance - Technical Report, (ClimateXChange, 2013)
Abstract: In some cases, noise and shadow flicker disturbance associated with the operation of onshore wind energy developments may have negative impacts on local households. This has given rise in a small number of cases to public interest in the scope for compensation.In order to support Scottish Government’s understanding of this issue, ClimateXChange reviewed the existing legal frameworks for environmental compensation and their potential application in compensating householders for:• Noise and flicker disturbance associated with the operation of wind turbines; and• Associated loss of value to privately owned property.By reviewing existing UK and Scottish legislative frameworks, this report identifies the current legal avenues available to householders seeking compensation. The report also reviews existing schemes in other countries to highlight potential alternative approaches to compensating householders.

Navraj-Singh Ghaleigh, Evidence to Scottish Parliament Committee, Referendum (Scotland) Bill, (School of Law, University of Edinburgh, 2012)

Navraj Singh Ghaleigh, Jim Watson, Stuart Haszeldine, David Rossati, Florian Kern, Matt Gross, Rob Gross, Phil Heptonstall, Felicity Jones, Francisco Ascui, Hannah Chalmers, Jon Gibbins, Nils Markusson, Wendy Marsden, Stewart Russell, Mark Winskel, Peter Pearson, Stathis Arapostathis, Carbon Capture and Storage: Realising the Potential?, (UK Energy Research Centre, 2012)
Abstract: The aim of the research is to assess the technical, economic, financial and social uncertainties facing carbon capture and storage (CCS) technologies, and to analyse the potential role they could play in the UK power sector between now and 2030. CCS technologies are often highlighted as a crucial component of future low carbon energy systems – in the UK and internationally. However, it is unclear when these technologies will be technically proven at full scale, and whether their costs will be competitive with other low carbon options.

Navraj-Singh Ghaleigh, Christian Joerges, Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions, (Hart Publishing, 2003)
Abstract: The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangehitsbewaltigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars. For the German Law Journal's special edition on this volume, go to http://www.germanlawjournal.com/past_issues_archive.php?show=2&volume=7

Navraj-Singh Ghaleigh, K. D. Ewing, The Challenge of Party Political Funding: Comparative Perspectives, (CLUEB, Universita di Bologna, 2001)

Navraj-Singh Ghaleigh, Immigration Detention and Human Rights: Deserving the Name of Democracy, (Asylum Rights Campaign, 1999)
Abstract: Independent research project on the detention of asylum seekers.

Articles

Navraj-Singh Ghaleigh, 'Neither Legal Nor Political?: Bureaucratic Constitutionalism in Japanese Law', (2015), King's Law Journal, Vol 26, pp 193-212

Navraj-Singh Ghaleigh, 'Book Review: Environmental Protection and Human Rights', (2015), Social and Legal Studies, Vol 24, pp 141-143

Navraj-Singh Ghaleigh, 'THE OXFORD HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW. Eds Bardo Fassbender and Anne Peters ', (2015), Edinburgh Law Review, Vol 19, pp 157-159

Heather Lovell, Navraj-Singh Ghaleigh, 'Climate Change and the Professions: the unexpected places and spaces of carbon markets ', (2013), Transactions of the Institute of British Geographers, Vol 38, pp 512-516

Navraj-Singh Ghaleigh, 'Two Stories about EU Climate Change Law and Policy ', (2013), Theoretical Inquiries in Law, Vol 14, pp 43-81
Abstract: The European Union has styled itself a global leader in climate action. In so doing, it presents itself as responding to science and public concern and its historic responsibilities. In terms of its means of response, the European Union’s emissions trading scheme (EU ETS) has been the primary instrument. A rational response to liberal economic theory, the EU ETS is often trumpeted as a cost-effective success story internally and as a model to be adopted externally. This optimistic narrative is challenged herein.

Navraj-Singh Ghaleigh, 'Book Review of Caroline Morris, Parliamentary Elections, Representation and the Law ', (2013), Review of Constitutional Studies, Vol 18, pp 221-226

Nils Markusson, Franklin Ginn, Navraj-Singh Ghaleigh, Vivian Scott, '‘In case of emergency press here’: framing geoengineering as a response to dangerous climate change', (2013), Wiley Interdisciplinary Reviews: Climate Change, Vol 5, pp 281–290
Abstract: Geoengineering, especially its potentially fast and high-leverage versions, is often justified as a necessary response to possible future climate emergencies. In this article, we take the notion of ‘necessity’ in international law as a starting point in assessing how rapid, high-leverage geoengineering might be justified legally. The need to specify reliably ‘grave and imminent peril’ makes such a justification difficult because our scientific ability to predict abrupt climate change, for example, as tipping elements, is limited. The time it takes to establish scientific consensus as well as policy acceptance restricts the scope for effective forewarning and so pre-emptive justifications for geoengineering become more tempting. While recognizing that dangerous, large-scale impacts of climate change is becoming increasingly difficult to avoid, the pre-emptive, emergency frame is problematic. We suggest that arguments from emergency operate on a high level of uncertainty and tend toward hubristic attempts to shape the future, as well as tending to close down rather than open up space for deliberation. We conclude that the emergency frame is not likely to go away, that ignoring or repressing it is a dangerous response, and that more effort is required to defuse and disarm emergency rhetoric.

Navraj-Singh Ghaleigh, 'Energy Networks and the Law: Innovative Solutions in Changing Markets. By Martha A. Roggenkamp, Lila Barrera-Hernandez, Donald N. Zillman, and Inigo Del Guayo (eds ', (2013), Journal of Environmental Law, Vol 25, pp 331-33

Navraj-Singh Ghaleigh, Ben Kemp, Paul Reid, 'Politics as a Profession: Electoral Law, Parliamentary Standards and Regulating Politicians', (2012), Public Law, pp 658-82
Abstract: Examines the legal mechanisms used to regulate professional politicians' conduct. Reviews significant scandals concerning party funding, especially the failure to prosecute Wendy Alexander, and outlines key features of the ensuing Parliamentary investigations into the matter and the complexities they created. Discusses the subsequent reforms, the extent to which the principles of accountability, transparency, proportionality, targeting and consistency which are set out in the Legislative and Regulatory Reform Act 2006 were present in the Alexander case, and whether further reforms are needed.

Navraj-Singh Ghaleigh, David Rossati, 'The Spectre of Carbon Border-adjustment Measures ', (2011), Climate Law, pp 63-84

Navraj-Singh Ghaleigh, 'The Alleged Incapacities of Mr Sheridan ', (2011), Edinburgh Law Review, Vol 15, pp 243-46
Abstract: This short note examines the rules on candidate disqualification that have arisen in the context on Mr Tommy Sheridan. What are the relevant rules of electoral law, how do they apply to Mr Sheridan’s circumstances and why are they so poorly understood?

Navraj-Singh Ghaleigh, 'Iterative Engagements: The EU and International Normativity', (2011), Proceedings of the American Society of International Law, Vol 104, pp 572-576
Abstract: The article presents the text of a speech by Navraj Singh Ghaleigh, Edinburgh law school lecturer, delivered at the American Society of International Law (ASIL) panel discussion, March 27, 2010. Ghaleigh discussed the efforts of the European Union (EU) to translate international legal norms into domestic culture. He talked about the contribution of public international law to the formation of the EU. Ghaleigh explored the implementation of the greenhouse gas emissions trading scheme in Europe.

Navraj-Singh Ghaleigh, 'Barriers to Climate Technology Transfer: The Chimera of Intellectual Property Rights', (2011), Carbon and Climate Law Review, pp 220-33

Navraj-Singh Ghaleigh, 'Climate Law and Developing Countries: Legal and Policy Challenges for the World Economy. Edited by Benjamin J. Richardson, Yves Le Bouthillier, Heather Mcleod-Kilmurray, and Stepan Wood ', (2010), Journal of Environmental Law, Vol 22, pp 516-19

Navraj-Singh Ghaleigh, '“Six Honest Serving-Men”: Climate Change Litigation as Legal Mobilization and the Utility of Typologies', (2010), Climate Law, Vol 1, pp 31-61
Abstract: Without abstract.

Navraj-Singh Ghaleigh, 'Challenged by Carbon: The Oil Industry and Climate Change', (2010), Environmental Liability, pp 159

Navraj-Singh Ghaleigh, 'Beyond the Carbon Economy: Energy Law in Transition. Edited by Donald N. Zillman, Catherine Redgwell, Yinka O. Omorogbe, and Lila K. Barrera-Hernandez ', (2009), Journal of Environmental Law, Vol 21, pp 516-18

Navraj-Singh Ghaleigh, 'The Scottish Parliament Elections 2007: What Kind of Hackery is This?', (2008), Edinburgh Law Review, Vol 12, pp 137-44

Navraj-Singh Ghaleigh, 'Agassi v. Robinson: Caution! Intentionalism at Work', (2006), British Tax Review, pp 6

Navraj-Singh Ghaleigh, 'Regional and Global Regulation of International Trade by Francis Snyder (ed.) ', (2003), Yearbook of European Law, Vol 22, pp 659-64

Navraj-Singh Ghaleigh, 'Sotirios A. Barber & Robert P. George (eds), Constitutional Politics: Essays on Constitution Making, Maintenance and Change ', (2003), German Law Journal, Vol 4, pp 641-646

Navraj-Singh Ghaleigh, 'Review: Ken Booth & Tim Dunne, Worlds in Collision: Terror and the Future of Global Order ', (2002), German Law Journal, Vol 3

Navraj-Singh Ghaleigh, 'German Constitutional Law and Party Political Funding: The Role of Equality', (2001), Cuadernos Constitucionales de la Catedra-Fadrique Furio Ceriol

Navraj-Singh Ghaleigh, 'Women and the Law, by Sandra Fredman ', (1999), British Journal of Industrial Relations, Vol 37, pp 523

Navraj-Singh Ghaleigh, 'Funding of Political Parties in the United Kingdom: The Case for Cherry-Picking', (1999), Public Law, pp 43-50

Navraj-Singh Ghaleigh, 'Election Spending and Freedom of Expression ', (1998), Cambridge Law Journal, Vol 57, pp 429-71
Abstract: With the imminent incorporation of the European Convention on Human Rights and the recent publication of the Report of the Neill Committee on Standards in Public Life (Cm 4057), these are exciting, if fluid, times for those with an interest in party political funding. In tandem these initiatives will begin the long overdue process of reform to the law and practice of elections in the UK. A key difficulty awaiting the new regime is one long familiar to many other Western democracies, namely how to regulate election spending whilst preserving the integrity of an entrenched right to freedom of expression, a question recently considered by the European Court of Human Rights in Bowman v. UK (141/1996/762/959).

Chapters

Navraj Singh Ghaleigh, 'Legal framework for the development of offshore wind in the United Kingdom ' in Anton Ming-Zhi Gao, Chien-Te Fan (ed.) The Development of a Comprehensive Legal Framework for the Promotion of Offshore Wind Power (Kluwer Academic Publishers 2017)

Navraj Singh Ghaleigh, 'No visible means of legal support China’s CCS regime' in Carbon Capture and Storage (Hart Publishing 2017)

Navraj-Singh Ghaleigh, 'Carbon Capture and Storage as a Bridging Technology ' in Marjan Peeters, Dan Farber (ed.) Climate Change Law (Edward Elgar 2016) 189-203
Abstract: Vast quantities of greenhouse gases are routinely vented into the atmosphere in the power and other industrial sectors. Carbon capture and storage (CCS), promises to avoid such venting by the permanent sequestration of the resultant CO2 in subsurface geological formations. The practice is neither straightforward nor uncontroversial. Technically, CCS requires the utilization of existing techniques albeit in a novel combination and scale. Socially, it raises questions both in local communities concerned about a potentially risky process, and amongst those with ethical objections to extending the usage of fossil fuels. Economically, CCS like most forms of abated energy production is more costly than traditional means. Law, at a variety of levels and in a range of forms engages with each of these concerns, and others. Indeed, it has done so with considerable success in the past decade. However, CCS has not been rolled out with equal vigour globally, as explored below.

Navraj-Singh Ghaleigh, 'The what, how and where of Climate Law ' in Raphael Heffron, Gavin Little (ed.) Delivering Energy Policy in the EU and US (Edinburgh University Press 2016)

Navraj-Singh Ghaleigh, 'Science and Climate Change Law – The Role of the IPCC in International Decision-Making ' in Cinnamon P. Carlarne, Kevin R. Gray, Richard Tarasofsky (ed.) The Oxford Handbook of International Climate Change Law (Oxford University Press 2016)

Navraj-Singh Ghaleigh, 'Economics and International Climate Change Law ' in Carlarne, Tarasofsky, Gray (ed.) The Oxford Handbook of International Climate Change Law (Oxford University Press 2016) 72-96

Alan Boyle, Navraj-Singh Ghaleigh, 'Climate Change and International Law Beyond the UNFCCC ' in Cinnamon P Carlarne, Richard Tarasofsky, Kevin R Gray (ed.) The Oxford Handbook of International Climate Change Law (Oxford University Press 2016) 26-54

Navraj-Singh Ghaleigh, 'The Puzzling Persistence of the IPR/Climate Change Relationship ' in Abbe E. L. Brown (ed.) Environmental Technologies, Intellectual Property and Climate Change (Edward Elgar Publishing 2013)

Navraj-Singh Ghaleigh, 'The Regulator The First Decade of the Electoral Commission' in Keith Ewing, Jacob Rowbottom, Joo-Cheong Tham (ed.) The Funding of Political Parties (Routledge 2011) 153-71
Abstract: The present paper addresses the role of the UK’s Electoral Commission as regards party funding monitoring and enforcement during the historical phenomenon of New Labour. If plotted against the two axes of non-unitary/unitary and independent/affiliated, the UK’s Electoral Commission would be located firmly in the top right quadrant - it is a designedly unitary body with a series of mechanisms that preserve its independence from other institutional actors. This would suggest that the Commission, benefiting from a ‘last mover’s advantage’ and substantially immune from inter-institutional pressures, expert and well-informed, would be an exemplar in comparative terms. The experience of recent years suggests something different, or at least that there are other parts of the party finance system that require attention. Since 2005 party funding scandals have emerged with troubling regularity. Of the scandals discussed, all involve the then-governing Labour Party. It should not be inferred from this case selection that only that party was so implicated - serious funding questions arose in respect of all the major parties in this period - but those discussed herein were certainly the most damaging to the body politic, not least because they concerned the governing regime. A focus on the Electoral Commission facilitates comparisons with similar institutions in other jurisdictions, a task that the literature has yet to fully engage with. Further, given the central role the Commission occupies in the many dimensions of the UK’s party political finance, it gives an indication of the health of the broader system.

Navraj-Singh Ghaleigh, 'Climate Change, the EU and Markets for Emissions ' in Josep Borrell Fontelles (ed.) Dilemmas in Globalization (Global Progressive Forum 2009) 207-20

Navraj-Singh Ghaleigh, 'Sledgehammers and Nuts? Regulating Referendums in the UK' in Karin Gilland Lutz, Simon Hug (ed.) Financing Referendum Campaigns (Palgrave Macmillan 2009) 180-200

Navraj-Singh Ghaleigh, 'Emissions trading before the European Court of Justice Market Making in Luxembourg' in David Freestone, Charlotte Streck (ed.) Legal Aspects of Carbon Trading (Oxford University Press 2009) 367-88
Abstract: This chapter focuses on challenges to the European Union Emissions Trading Scheme (EU ETS) brought before the European Court of Justice (ECJ) and the Court of First Instance (CFI) — the ‘Community Courts’. It commences with a brief account of the prehistory of the EU ETS (Section 2), followed by its legal form and operation (Section 3), before addressing the Courts case law concerning Directive 2003/87/EC (Section 4).

Navraj-Singh Ghaleigh, 'Making European Institutions Friendly to Their Citizens Reaching the Citizens' in Jaka Unia? Jaka przyszlosc? Jaka Europa? (Jagiellonian University 2007)

Navraj-Singh Ghaleigh, 'Anti-Americanism and the Environment ' in Brendon O'Connor (ed.) Anti-Americanism (Greenwood Publishing 2007) 139-62

Navraj-Singh Ghaleigh, 'Donations and Public Funding under the UK's Political Parties, Elections and Referendums Act 2000 - And Beyond ' in Keith Ewing, Samuel Issacharoff (ed.) Party Funding and Campaign Financing in International Perspective (Hart Publishing 2006) 35-57
Abstract: For the Financial Times' review of 5 May 2006, go to http://www.ft.com/cms/s/26b582a6-db3e-11da-98a8-0000779e2340.html.

Navraj-Singh Ghaleigh, 'Looking into the Brightly Lit Room Braving Carl Schmitt in Europe' in Christian Joerges, Navraj Singh Ghaleigh (ed.) Darker Legacies of Law in Europe (Hart Publishing 2003) 43

Navraj-Singh Ghaleigh, 'German Constitutional Law and Party Political Funding The Role of Equality' in Keith D. Ewing, Navraj Singh Ghaleigh (ed.) The Challenge of Party Political Funding (CLUEB, Universita di Bologna 2002)

Working Papers

Navraj-Singh Ghaleigh, 'The What, How and Where of Climate Law ' 2014
Abstract: This short entry is forthcoming in Gavin Little and Raphael Heffron (eds), Delivering Energy Policy in the EU and US: A Multi-Disciplinary Reader (EUP, 2015). Aimed at academics and practitioners in the energy sector across Europe and the US, it focuses on the notion of what a more effective climate law might look like and how it could be delivered in policy terms.

Navraj-Singh Ghaleigh, 'The Alleged Incapacities of Mr Sheridan ' 2011
Abstract: This short paper inquires into the grounds on which candidates and sitting members may be disqualified from the House of Commons and also the devolved legislatures. Starting from the inaccurate reporting of the sentencing for three years imprisonment of the former MSP Tommy Sheridan, the paper argues that current law on this question is arcane and fragmented. Quite apart from its substantive merits, the UK’s regime is incompatible with the goal of citizens understanding who they can and cannot select to represent them.

Navraj-Singh Ghaleigh, David Rossati, 'The Spectre of Carbon Border-Adjustment Measures ' 2011
Abstract: Carbon border adjustments raise fears amongst both the community of climate/international environmental lawyers and trade lawyers. To the latter they risk taking the form of unjustifiable barriers to trade and may sit uneasily with the body of WTO law concerning trade and the environment. To the former constituency such measures are yet more difficult, both buttressing emission reduction policies and measures that are vulnerable to carbon leakage whilst raising issues for fundamental principles such as CBDR and sustainable development. This paper addresses these concerns in the context of US and EU measures, considering them in the light of WTO case law and in particular the Brazil-Tyres dispute. The US measures, contained principally in the Waxman-Markey Bill, are of interest despite their demise for the parallels that they share with the steps taken by the EU in its Climate Change Package.

Navraj-Singh Ghaleigh, Ben Kemp, Paul Reid, 'Perspectives on the Wendy Alexander Affair: Electoral Law, Parliamentary Standards and the Regulation of the Profession of Politics' 2011
Abstract: This paper explores the implications of a small donation to a Scottish opposition politician who held office from September 2007 to February 2008. From these rather modest and now distant facts a number of important legal issues present themselves pertaining to the law of the funding of political parties, parliamentary self-regulation and the parallels between professional regulation and the regulation of politicians. Whilst party and campaign finance in the UK and Scotland have been the focus of some significant attention, their nexus with parliamentary standards has been rather unexplored. This engagement highlights the considerable complexity and occasional oddities of both regimes. When considered in the broader context of professional regulation standards, the regime becomes yet more questionable.

Navraj-Singh Ghaleigh, 'Evidence to the Committee on Standards in Public Life: Inquiry into Party Political Finance' 2010
Abstract: Evidence of Navraj Singh Ghaleigh, Lecturer in Public Law, University of Edinburgh to the Committee on Standards in Public Life, 1 December 2010.

Navraj-Singh Ghaleigh, 'Book Review: ‘Climate Law and Developing Countries: Legal and Policy Challenges for the World Economy’' 2010
Abstract: This Working Paper is the first draft of a review of Benjamain J. Richardon, Yves le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood, eds., 'Climate Law and Developing Countries: Legal and Policy Challenges for the World Economy,' Cheltenham: Edward Elgar, 2009.

Navraj-Singh Ghaleigh, ''Six Honest Serving-Men': Climate Change Litigation as Legal Mobilization and the Utility of Typologies' 2010
Abstract: As the legal character of approaches to climate change has increased in complexity, so the volume of litigation has burgeoned, at various levels and across a range of jurisdictions. The growth in complexity is witnessed in various forms, including the shift from the treaty lawmaking of diplomats and negotiators to that of the ordinary national (and sub-national) legislator and by the development in climate change mitigation financing of networks of private and public entities. Similarly, the causes of action are various, as are the pertinent regulatory regimes and motivations of those bringing claims. Scholarly explorations of this phenomenon have followed, focusing variously on single levels of courts, implications at particular levels, considerations for particular bodies of extant law, considerations for particular bodies of climate change law, the merits of such actions, as well as theoretical engagements with the case law within the context of approaches to various bodies of law. The approach of this article is more ecumenical. Its potential ‘dataset’ is the entirety of climate change caselaw rather than discrete themes within it and it attempts to discern patterns across the piece, to systematize the claims, and thereby create a typology to be deployed and developed in future analyses.

Navraj-Singh Ghaleigh, 'Referendums in the UK's Constitutional Experience: Written Submission of Navraj Singh Ghaleigh to the House of Lords Constitution Committee' 2010
Abstract: In early 2010, the House of Lords Constitution Committee undertook an inquiry into the UK’s constitutional experience of referendums. This short note is the evidence submitted by Ghaleigh to the Committee, drawing on previous work including the published book chapter, ‘Sledgehammers and nuts? Regulating referendums in the UK’ in S Hug & K Gilland Lutz (eds), Financing Referendum Campaigns (Palgrave Macmillan, 2009). That chapter was also cited and relied upon by the Irish Joint Committee on the Constitution in its ‘Report on the Amendment of the Constitution and the Referendum’, published in April 2009. The Committee published its report ‘Referendums in the United Kingdom - Select Committee on the Constitution 12th Report 2009-10:HL Paper 99’ on 7 April 2010, referencing this submission in Chapters 2, 3, 4 and 5, and reproducing it at pages 139-141.

Navraj-Singh Ghaleigh, 'Iterative Engagements: The EU and International Normativity' 2010
Abstract: The process of internalizing international norms into domestic law is a matter of contention in all polities, to varying degrees of intensity. Harold Koh’s provocative thesis of transnational norm generation - of nation state and transnational private actors blending national and international legal processes such that international norms are internalized into domestic law - is considerably less provocative in the European Union than in its country of origin. Whereas public international law can elsewhere be seen principally as a constraint on independent action, the EU has frequently deployed it as an instrument for the advancement of European integration. As such, the process of ‘translation’ is less a matter of hypothetical speculation in the European Union than a known mode of legal and political activity. Commencing with some brief stage setting, this short paper analyzes two separate bodies of international legal norms - those pertaining to anthropogenic climate change; and business and human rights - and argues that in the EU context at least, ‘translation’ is best seen as one part of a highly iterative process of dynamic relations between levels.

Navraj-Singh Ghaleigh, 'A Model for Party Finance Supervision?: The First Decade of the UK’s Election Commission' 2010
Abstract: The present paper addresses the role of the UK’s Electoral Commission as regards party funding monitoring and enforcement during the historical phenomenon of New Labour. If plotted against the two axes of non-unitary/unitary and independent/affiliated, the UK’s Electoral Commission would be located firmly in the top right quadrant - it is a designedly unitary body with a series of mechanisms that preserve its independence from other institutional actors. This would suggest that the Commission, benefiting from a ‘last mover’s advantage’ and substantially immune from inter-institutional pressures, expert and well-informed, would be an exemplar in comparative terms. The experience of recent years suggests something different, or at least that there are other parts of the party finance system that require attention. Since 2005 party funding scandals have emerged with troubling regularity. Of the scandals discussed, all involve the then-governing Labour Party. It should not be inferred from this case selection that only that party was so implicated - serious funding questions arose in respect of all the major parties in this period - but those discussed herein were certainly the most damaging to the body politic, not least because they concerned the governing regime. A focus on the Electoral Commission facilitates comparisons with similar institutions in other jurisdictions, a task that the literature has yet to fully engage with. Further, given the central role the Commission occupies in the many dimensions of the UK’s party political finance, it gives an indication of the health of the broader system.

Navraj-Singh Ghaleigh, 'Emissions Trading Before the European Court of Justice: Market Making in Luxembourg' 2009
Abstract: The litigation faced by the EU ETS is of significance not only for that mechanism - the world's largest carbon market - but also for emerging carbon markets around the world and thus the enterprise of tackling global climate change by way of market mechanisms. This working paper analyses the entire EU ETS docket of the Community Courts (the ECJ and CFI) to date and seeks to categorise those cases. Themes familiar to EC lawyers prevail - especially in relation to questions of standing and admissibility - that in the light of the recently agreed Phase III EU ETS look less like narrow technical rulings than the Courts' constraining commercial and political actors from sundering legal responses to climate change.