Part II Individual Issues and Cross-Cutting Themes: Climate Change and Global Ocean Governance, 7 The Role of the International Climate Change Regime in Global Ocean Governance

Author(s):  
Freestone David

This chapter examines the role of the international climate change regime in global ocean governance, with emphasis on the cross-cutting set of global ocean governance issues arising from human-induced climate change. It first provides an overview of the international legal regime governing climate change before discussing the two major anthropogenic impacts on the oceans, namely: warming/acidification and sea level rise. It then considers other governance issues such as greenhouse gas emissions from shipping, geoengineering, and blue carbon, suggesting that addressing these issues are beyond the competence of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC). The chapter stresses the need for greater, deeper and ultimately better co-ordinated leadership on the most significant global environmental challenge facing the world today.

2019 ◽  
Vol 10 (3) ◽  
pp. 379-395
Author(s):  
Marcela Cardoso Guilles Da Conceição ◽  
Renato de Aragão Ribeiro Rodrigues ◽  
Fernanda Reis Cordeiro ◽  
Fernando Vieira Cesário ◽  
Gracie Verde Selva ◽  
...  

The increase of greenhouse gases in the atmosphere raises the average temperature of the planet, triggering problems that threaten the survival of humans. Protecting the global climate from the effects of climate change is an essential condition for sustaining life. For this reason, governments, scientists, and society are joining forces to propose better solutions that could well-rounded environmentally, social and economic development relationships. International climate change negotiations involve many countries in establishing strategies to mitigate the problem. Therefore, understanding international negotiation processes and how ratified agreements impact a country is of fundamental importance. The purpose of this paper is to systematize information about how climate negotiations have progressed, detailing key moments and results, analyzing the role that Brazil played in the course of these negotiations and the country’s future perspectives.


Author(s):  
Holthus Paul

This chapter discusses the role of the World Ocean Council (WOC) and the international ocean business community in global ocean governance (GOG). It first provides an overview of the institutional development and profile of the WOC before considering the work and role and work of the WOC on ocean governance with and for the ocean business community. It then examines the Sustainable Development Goals (SDGs) in relation to ocean business and the WOC, as well as the size, complexity trends in the ocean economy and ocean business community, which are fundamental to understanding their importance to GOG. It also analyses GOG issues relevant to the ocean business community and WOC that the United Nations and its associated bodies must address and concludes with an assessment of the role of the ocean business community and WOC in the future of the GOG agenda.


2012 ◽  
Vol 12 (4) ◽  
pp. 1-8 ◽  
Author(s):  
Jakob Skovgaard

In the course of the last four years, finance ministries have increasingly become involved in the international climate change negotiations. Their involvement has to a large degree been an outcome of the framing of climate change as a market failure. This framing calls for an active climate change policy and is at odds with the framing of climate change policy that was previously predominant in finance ministries: that it constitutes expenditure to be avoided. The persistence of both framings has led to clashes within and between finance ministries with respect to climate change. The article calls for further research focusing on the role of the two frames and of finance ministries as actors in climate change politics.


2010 ◽  
Vol 1 (1) ◽  
Author(s):  
Francesco Sindico

This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.


Author(s):  
Goettsche-Wanli Gabriele

This chapter examines the role of the United Nations and its related institutions for global ocean governance, including those established by the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). It first considers the main issues that these institutions have addressed, ranging from sustainable fisheries, via ecosystem protection, to marine biodiversity conservation; and more recently, maritime security. It then argues that the impacts of climate change have arguably not been directly addressed by either the global ocean governance regime, as it is currently constituted, nor by the climate change regime, at least until recent developments through the 2015 Paris Agreement relating to adaptation and mitigation measures in direct response to sea-level rise and the effects of ocean acidification. The chapter proceeds by discussing UNCLOS and its related legal instruments, UN Conferences and Summit on sustainable development, and the role played by the UN General Assembly (UNGA) in global ocean governance.


AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 142-146
Author(s):  
Lavanya Rajamani

A fundamental theme running through the remarkable 192-page Papal Encyclical on Climate Change is the notion of solidarity—;between nations and peoples, and between and within generations. In the words of the Encyclical, “[w]e require a new and universal solidarity.”. This translates, in the Encyclical’s vision, into principled cooperation between states and peoples, because “[a]ll of us can cooperate as instruments of God for the care of creation, each according to his or her own culture, experience, involvements and talents.”. In the international climate change regime this vision takes the form of the principle of common but differentiated responsibilities and respective capabilities (CBDRRC), a principle that the Encyclical explicitly endorses. The CBDRRC principle, however, lends itself to varying interpretations and has thus proven deeply contentious as the basis for climate cooperation. This is in particular in relation to the 2015 climate agreement that is due to be finalized in Paris in December 2015. This short essay explores the extent to which the Encyclical supports one or the other interpretation of this principle, and how closely aligned (or not) the Encyclical’s vision is to the emerging 2015 climate change agreement.


2021 ◽  
Vol 14 (1) ◽  
pp. 88-104
Author(s):  
Sina Bergmann

Global climate governance is multilateral and involves both state and non-state actors. This study sets to identify the ways in which non-state actors can access and participate in the international climate change regime under the UNFCCC and the 2015 Paris Agreement and to evaluate how they can influence law-making processes and outcomes under the agreements. The study further provides recommendations on how the involvement of non-state actors can be improved under the agreements. The study emphasizes that under the UNFCCC, non-state actors have an important role in acting as intermediaries under the orchestration governance model and in participating to the Conference of Parties and under the Paris Agreement, by exerting influence on state’s nationally determined contributions. The study suggests that the role of non-state actors in formulating nationally determined contributions and in participating to the Conference of Parties should be further formalised and that the NAZCA portal should be improved.


Author(s):  
Timothy Meyer

This chapter examines how international legal institutions foster cooperation in the presence of scientific uncertainty, especially in the area of international climate change law. It analyses the theory of epistemic institutions and applies it to the primary international scientific organization working on climate change issues, the Intergovernmental Panel on Climate Change (IPCC). The IPCC’s assessment reports play a major role in setting the terms of the public debate about climate change negotiations that takes place within the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). Although independent of the UNFCCC, the IPCC’s work product is thus a key input into the UNFCCC’s efforts to negotiate international climate change rules. However, the IPCC’s credibility has been called into question due to a relative lack of participation by scientists from developing countries in the assessment process.


2020 ◽  
Vol 27 (3) ◽  
pp. 146-175
Author(s):  
Ngozi Chinwa Ole ◽  
Onyekachi Eni

The Paris Climate Change Agreement 2015 represents a vindication of environmental multilateralism given that for the first time in the history of international climate change law, over 196 sovereign states voluntarily subscribed to be bound by a treaty for the mitigation of climate change. The Nigerian government has ratified the Paris Agreement, and subsequently undertakes in its National Determined Contributions (NDCs) to adopt some measures for the mitigation of climate change. The usefulness of the Paris Agreement 2015 in mitigating climate change in Nigeria is contingent on the actual implementation of the Agreement, including the Nigerian NDCs. The Paris Climate Change Decision 2015 recognises and, emphasises that non-party stakeholders including civil societies have some vital roles to play in the successful implementation of the Agreement. This paper examines the role that the Network of Legal Aid Institutions (NULAI) Nigeria can play in the successful implementation of the Paris Climate Change Agreement 2015 in Nigeria, in the light of the recognised role of civil societies in this context. It argues that NULAI can use the instruments of litigation, street lawyering and advocacy to catalyse the successful implementation of the Agreement in Nigeria. On the one hand, it argues that there are possible limitations to the role of NULAI. One such defect is the absence of any justiciable right emanating solely from the Paris Agreement 2015 and, Nigerian NDCs. Another limitation is the low level of awareness of the international climate change law among student law clinicians and staff within the Nigerian universities. The paper concludes by making recommendations on how to surmount the identified problems. A key recommendation is the use of human-right based approached litigation to secure the enforcement of the provisions of the Nigerian NDCs and, the establishment of climate change focused law clinics.


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