Filling in for Governments? The Role of the Private Actors in the International Climate Regime

2020 ◽  
Vol 17 (1) ◽  
pp. 5-28
Author(s):  
Charlotte Streck

The 2015 Paris Agreement on climate change abandons the Kyoto Protocol’s paradigm of binding emissions targets and relies instead on countries’ voluntary contributions. However, the Paris Agreement encourages not only governments but also sub-national governments, corporations and civil society to contribute to reaching ambitious climate goals. In a transition from the regulated architecture of the Kyoto Protocol to the open system of the Paris Agreement, the Agreement seeks to integrate non-state actors into the treaty-based climate regime. In 2014 the secretariat of the United Nations Framework Convention on Climate Change Peru and France created the Non-State Actor Zone for Climate Action (and launched the Global Climate Action portal). In December 2019, this portal recorded more than twenty thousand climate-commitments of private and public non-state entities, making the non-state venues of international climate meetings decisively more exciting than the formal negotiation space. This level engagement and governments’ response to it raises a flurry of questions in relation to the evolving nature of the climate regime and climate change governance, including the role of private actors as standard setters and the lack of accountability mechanisms for non-state actions. This paper takes these developments as occasion to discuss the changing role of private actors in the climate regime.

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.


2021 ◽  
pp. 1-23
Author(s):  
Charlotte Streck

Abstract While the intergovernmental climate regime increasingly recognizes the role of non-state actors in achieving the goals of the Paris Agreement (PA), the normative linkages between the intergovernmental climate regime and the non-state dominated ‘transnational partnership governance’ remain vague and tentative. A formalized engagement of the intergovernmental climate regime with transnational partnerships can increase the effectiveness of partnerships in delivering on climate mitigation and adaptation, thereby complementing rather than replacing government action. The proposed active engagement with partnerships would include (i) collecting and analyzing information to develop and prioritize areas for transnational and partnership engagement; (ii) defining minimum criteria and procedural requirements to be listed on an enhanced Non-state Actor Zone for Climate Action platform; (iii) actively supporting strategic initiatives; (iv) facilitating market or non-market finance as part of Article 6 PA; and (v) evaluating the effectiveness of partnerships in the context of the enhanced transparency framework (Article 13 PA) and the global stocktake (Article 14 PA). The UNFCCC Secretariat could facilitate engagement and problem solving by actively orchestrating transnational partnerships. Constructing effective implementation partnerships, recording their mitigation and adaptation goals, and holding them accountable may help to move climate talks from rhetoric to action.


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.


2012 ◽  
Vol 1 (1) ◽  
pp. 137-152 ◽  
Author(s):  
Charlotte Streck

AbstractThis article describes the challenges of using the constrained tools of international law to negotiate a sustainable framework to address climate change. It sets out to show how the particularities of the problem have led to creative and innovative solutions expanding the borders of international law. To this end, the article discusses carbon market mechanisms, the compliance regime of the Kyoto Protocol, and the emerging framework to create incentives to reduce land-based emissions in developing countries. These examples illustrate that the recognition of the role of sub-national and private entities in mitigating climate change has had significant impact on the rules of the climate regime. But the article also asserts that the un process, while recognizing the role of private actors, is still inadequately equipped to involve non-state actors in a meaningful way. The climate regime therefore challenges the traditional thinking about interstate relationships. No longer solely a matter for international environmental law, contemporary environmental governance has become a global affair, which makes the lens of transnational law a useful tool to think about these issues in practice in a more intellectually fruitful and relevant way. This article thereby provides a snapshot of the type of issues and discussion that readers of this journal can look forward to in the years to come.


Subject The Paris Agreement and US withdrawal. Significance President Donald Trump announced his intention to withdraw from the Paris Agreement on climate change on June 1, prompting criticism from around the world. While current pledges are unlikely to change and the agreement will not see flight or withdrawal by other countries, US withdrawal imperils the ability of the agreement’s structure to accelerate climate action to a scale necessary to meet its objective of limiting global warming to below 2 degrees centigrade by 2100. Impacts The US private sector and sub-national polities will increase their climate action, though the loss of federal support will still be felt. A future US administration could re-enter the agreement, but substantial momentum will be lost diplomatically in the intervening years. Calls for greater adaptation -- rather than mitigation -- funds from climate-vulnerable states will grow more strident.


2018 ◽  
Vol 43 (1) ◽  
pp. 343-368 ◽  
Author(s):  
Jonathan Kuyper ◽  
Heike Schroeder ◽  
Björn-Ola Linnér

This article takes stock of the evolution of the United Nations Framework Convention on Climate Change (UNFCCC) through the prism of three recent shifts: the move away from targeting industrial country emissions in a legally binding manner under the Kyoto Protocol to mandating voluntary contributions from all countries under the Paris Agreement; the shift from the top-down Kyoto architecture to the hybrid Paris outcome; and the broadening out from a mitigation focus under Kyoto to a triple goal comprising mitigation, adaptation, and finance under Paris. This review discusses the implications of these processes for the effectiveness, efficiency, and equity of the UNFCCC's institutional and operational settings for meeting the convention's objectives. It ends by sketching three potential scenarios facing the UNFCCC as it seeks to coordinate the Paris Agreement and its relationship to the wider landscape of global climate action.


2020 ◽  
Vol 21 (1) ◽  
pp. 73-97
Author(s):  
Jinhyun Lee

The Paris Agreement made a breakthrough amid the deadlock in climate negotiations, yet concerns are raised regarding how much impact the new voluntary climate regime can make. This paper investigates the socialization mechanism that the Paris Agreement sets up and explores the prospects of “institutional transformation” for it to make a dent. It examines the factors that can facilitate voluntary climate action by using the cases of the most recalcitrant emitters, the United States and China. It argues that the US and China cases suggest that the socialization from the bottom-up by domestic actors may be one of the critical elements that determine states’ position on climate change.


2021 ◽  
pp. 365-377
Author(s):  
Nikola Strachová

One of the effects of globalization is the increasing number of transnational ties that central governments not only ceased to control but also ceased to participate in; therefore, in recent decades, cities have been increasingly motivated to respond to international issues and initiate various contacts with foreign economic, cultural, and political centres. This article examines practices of city diplomacy in light of the current climate crisis. Albeit cities could be in conflict with their central government, they are executing the global climate agenda. Nonetheless, how do we frame cities’ autonomous activities in the global governance agenda? The article seeks to determine whether the framework of hybrid multilateralism is the niche for cities to assume the role of the central government in defending common global values such as preservation of the environment when the state fails to do so. Based on a dataset consisting of various subnational initiatives responding to climate change, we suggest a remarkable growth in the pledges to the international climate agreements’ commitments involving many subnational actors. Through these pledges, cities enter the international negotiations with various partners under hybrid policy architecture. Cities hold an enormous potential to influence the global conversation on climate change agenda. Furthermore, we conclude that cities are taking on the states’ role in global issues when they identify the inadequacy of the central governments’ action. Their conflict position forces them to carry out autonomous activities and fosters the new phenomenon of hybrid multilateralism.


2020 ◽  
Author(s):  
Climate Change & Marginalised Communities Workshop Contributors

The announcement by the Scottish Government of a global ‘climate emergency’ in May 2019, and the selection of Glasgow as the host city for the main COP26 talks to be held in late 2021 has helped focus attention to the impact of climate change in Scotland. The COVID-19 pandemic has also brought into sharp focus the disproportionate effect that shocks and stresses have on already vulnerable people and places. This short communication aims to contribute to these debates by clarifying existing strengths and open issues for an evidence-driven response to climate change in Scotland’s marginalised communities. Growing support for rapid and radical climate action, both in Scotland and overseas, brings into question the role of learned societies and reasoned debate within a climate emergency. To this end, we synthesise recent Scotland-based research into issues relating to climate justice and, drawing on the outcomes of a workshop held in summer 2019, identify aspects where good progress has been made and areas where further work is required for an evidence-driven and just response to climate change in Scotland and beyond.


2013 ◽  
Vol 53 (1) ◽  
pp. 135
Author(s):  
David Hodgkinson

Recent reports and papers reveal the scope of the global climate change problem. The Potsdam Institute for Climate Impact Research and Climate Analytics (2012) concludes the sum total of existing policies, in place or pledged, will very likely lead to warming in excess of 2°C. Additionally, a report from Vieweg et al (2012) concludes limiting global warming to below 2°C remains feasible if there is sufficient political ambition and action to introduce the required measures and policy changes now. The United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol have failed to address this climate change problem; other ways to address the problem should be considered. One alternative way forward would be to break the climate change problem into different pieces, to contemplate a more decentralised arrangement in which particular issues are discussed and negotiated—a regime complex, for example. Indeed, the UNFCCC regime may actually constrain agreement on addressing the climate change problem, and a shift away from a top-down, Kyoto-style architecture for international climate action—to a more bottom-up approach, with smaller agreements between particular groups of states and sectors—could result. An international LNG sectoral agreement could form part of such an approach, or as a stand-alone agreement, because natural gas offers the most immediate method of transitioning to a lower-emissions global economy. After examining the UNFCC/Kyoto regime and other approaches to, and frameworks for, addressing the climate change problem, this peer-reviewed paper outlines the nature of sectoral agreements and their advantages, together with the rationale for, and benefits of, a sectoral agreement for the LNG industry.


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