scholarly journals The Paris Agreement: Historic Breakthrough or High Stakes Experiment?

Climate Law ◽  
2016 ◽  
Vol 6 (1-2) ◽  
pp. 1-20 ◽  
Author(s):  
Meinhard Doelle
Keyword(s):  
Kyoto Protocol ◽  
Paris Agreement ◽  
Climate Regime ◽  
Top Down ◽  
High Stakes ◽  
Flexible Approach ◽  
Climate Negotiations ◽  
Loss And Damage ◽  
Self Differentiation

This article offers an overview of the two key outcomes of the 2015 Paris climate negotiations, the Paris cop decision, and the Paris Agreement. Collectively, they chart a new course for the un climate regime that started in earnest in Copenhagen in 2009. The Paris Agreement represents a path away from the top-down approach and rigid differentiation among parties reflected in the Kyoto Protocol, toward a bottom-up and flexible approach focused on collective long-term goals and principles. It represents an approach to reaching these long-term goals that is focused on self-differentiation, support, transparency, and review. The article highlights the key elements of the agreement reached in Paris, including its approach to mitigation, adaptation, loss and damage, finance, transparency, and compliance.

The intractability of loss and damage issues in climate negotiations

Soundings ◽  
2021 ◽  
Vol 78 (78) ◽  
pp. 38-49
Author(s):  
Md Fahad Hossain ◽  
Saleemul Huq ◽  
Mizan R. Khan
Keyword(s):  
Climate Change ◽  
Low Income ◽  
Low Income Countries ◽  
Climate Regime ◽  
Climate Negotiations ◽  
Loss And Damage ◽  
Recent Developments ◽  
The Face ◽  
History Of ◽  
Key Issues

The impacts of human-induced climate change are manifested through losses and damages incurred due to the increasing frequency and intensity of climatic disasters all over the world. Low-income countries who have contributed the least in causing climate change, and have low financial capability, are the worst victims of this. However, since the inception of the international climate regime under the UN Framework Convention on Climate Change (UNFCCC), loss and damage has been a politically charged issue. It took about two decades of pushing by the vulnerable developing countries for the agenda to formally anchor in the climate negotiations text. This was further solidified through establishment of the Warsaw International Mechanism (WIM) and inclusion of stand-alone Article 8 on loss and damage in the Paris Agreement. Its institutionalisation has only done the groundwork of addressing loss and damage however - the key issue of finance for loss and damage and other matters has remained largely unresolved to date – particularly since Article 8 does not have any provision for finance. This has been due to the climate change-causing wealthy developed nations' utter disregard for their formal obligations in the climate regime as well as their moral obligation. In this article, we tease out the central controversies that underpin the intractability of this agenda at the negotiations of the UNFCCC. We begin by giving a walk-through of the concept and history of loss and damage in the climate regime. Then we present a brief account of losses and damages occurring in the face of rising temperature, and highlight the key issues of contention, focusing on the more recent developments. Finally, we conclude by suggesting some way forward for the twenty-sixth session of the Conference of the Parties to the UNFCCC (COP26) taking place in Glasgow, UK in November 2021.

scholarly journals The Evolution of the UNFCCC

2018 ◽  
Vol 43 (1) ◽  
pp. 343-368 ◽  
Author(s):  
Jonathan Kuyper ◽  
Heike Schroeder ◽  
Björn-Ola Linnér
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Kyoto Protocol ◽  
Global Climate ◽  
Industrial Country ◽  
Paris Agreement ◽  
Voluntary Contributions ◽  
Top Down ◽  
United Nations Framework Convention ◽  
Climate Action

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.

scholarly journals The Paris Agreement and its Rulebook in a Problem-Solving Perspective

Climate Law ◽  
2019 ◽  
Vol 9 (1-2) ◽  
pp. 122-136
Author(s):  
Steinar Andresen
Keyword(s):  
Problem Solving ◽  
Institutional Design ◽  
Paris Agreement ◽  
Climate Regime ◽  
Negative Power ◽  
Climate Negotiations ◽  
International Climate ◽  
Domestic Interests

The aim of this article is to assess and explain the effectiveness of the international climate regime in a problem-solving perspective, with a focus on mitigation. As CO2 emissions have increased by more than 60 per cent since the start of the climate negotiations, effectiveness is exceedingly low. In explaining the performance of the regime, the main focus is on its problem-solving ability, defined as a function of power, leadership, and institutional design. ‘Negative’ power and a lack of leadership constitute important reasons for low effectiveness. In this broader perspective, the role of institutional design, exemplified by the Paris Agreement and its Rulebook, is fairly modest, and its significance should not be exaggerated. The Agreement and Rulebook score high in terms of ambition, but whether the rules will ever realize those ambitions remains to be seen. Domestic interests and priorities of the most important emitting countries will be decisive in this regard.

scholarly journals Paris Agreement: Respon Terhadap Pendekatan Prinsip Common but Differentiated Responsibilities and Respective Capabilities Dalam Kyoto Protocol

2020 ◽  
Vol 20 (3) ◽  
pp. 391
Author(s):  
Arie Afriansyah ◽  
Amira Bilqis
Keyword(s):  
Kyoto Protocol ◽  
Paris Agreement ◽  
Top Down ◽  
Bottom Up ◽  
Common But Differentiated Responsibilities

Kemampuan dalam menangani permasalahan lingkungan antara negara maju dan berkembang kerap berdampak obligasi yang diatur dalam perjanjian internasional. Prinsip Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) sebagai prinsip yang memimpin dalam hukum lingkungan internasional merupakan jembatan untuk menyeimbangkan kepentingan dua kelompok negara tersebut. Namun, dalam instrumen hukum internasional terdapat implementasi yang berbeda dari prinsip tersebut dengan masing-masing pendekatan yang digunakan. Tujuan penelitian ini untuk menganalisa bagaimana implementasi prinsip CBDR-RC dalam Paris Agreement dibandingkan dengan pendahulunya yaitu Kyoto Protocol. Metode penelitian dalam tulisan ini adalah yuridis normatif yang disajikan secara deskriptif analitis. Hasil penelitian menunjukkan bahwa pendekatan yang digunakan dalam Kyoto Protocol sebagai perjanjian yang menetapkan secara kaku besaran emisi yang harus direduksi diidentifikasi sebagai Top-Down. Sedangkan perjanjian penerusnya yaitu Paris Agreement sebagai perjanjian yang didasarkan atas dasar sukarela terhadap besaran emisi yang perlu dicapai diidentifikasi menggunakan pendekatan sebagai Bottom-Up. Pendekatan yang digunakan dari Paris Agreement berbeda sebagai respon dan bentuk evaluasi dari pendekatan yang digunakan dalam Kyoto Protocol yang berakibat tingkat partisipasi dalam usaha reduksi emisi meningkat secara drastis dan mendorong negara Annex I menargetkan reduksi yang lebih tinggi lagi. Terlepas dari kenyataan bahwa Paris Agreement telah menyelesaikan masalah dalam mekanisme Kyoto Protocol, perjanjian ini masih memiliki beberapa kekurangan. Kesimpulannya, transformasi pendekatan yang terjadi dalam kedua perjanjian ini mempengaruhi tren komitmen reduksi emisi dalam rezim perubahan iklim bagi negara maju maupun berkembang.

Waving or drowning? : The legal impacts of the Cancun climate negotiations

elni Review ◽  
2011 ◽  
pp. 21-26
Author(s):  
Gita Parihar
Keyword(s):  
Climate Change ◽  
Kyoto Protocol ◽  
Climate Regime ◽  
Significant Progress ◽  
Cooperative Action ◽  
Commitment Period ◽  
The World ◽  
International Climate ◽  
Beach Resort

Negotiators from all over the world gathered in the beach resort of Cancun in December 2010 in the hope of rescuing the international climate regime from the ignominy of the failures of the Conference in Copenhagen. Their mission has been widely lauded as a success - but was it? This article examines the decisions taken in Cancun and considers their legal impacts. It considers the decision relating to the Kyoto Protocol and its implications, as well as the decision in the Long Term Cooperative Action (or LCA) track, which focuses on the “full, effective and sustained” implementation of the UN Framework Convention on Climate Change (UNFCCC). The discussion highlights the fact that many of the most contentious issues in the negotiations have been left for Durban. After touching on the question of whether agreement was reached at all, the article concludes that moving all significant progress in the negotiations into the LCA track whilst failing to conclude a second commitment period of the Kyoto Protocol will result in a severe weakening of the international climate regime and must be resisted. It also highlights the large gap between the targets on the table and those demanded by science and equity as well as going on to consider the implications of this in practical terms.

NGO Influence in the Implementation of the Kyoto Protocol: Compliance, Flexibility Mechanisms, and Sinks

2004 ◽  
Vol 4 (4) ◽  
pp. 54-75 ◽  
Author(s):  
Lars H. Gulbrandsen ◽  
Steinar Andresen
Keyword(s):  
Kyoto Protocol ◽  
Environmental Politics ◽  
Policy Outcomes ◽  
Climate Regime ◽  
Climate Negotiations ◽  
Environmental Ngos ◽  
Global Environmental Politics ◽  
Global Environmental ◽  
Protocol Compliance ◽  
Ngo Effectiveness

While most scholars agree that NGOs make a difference in global environmental politics, there has been little systematic work that looks at the actual influence NGOs have on policy outcomes. This paper looks to shed some new light on the question of NGO effectiveness through an evaluation of the role played by NGOs in climate negotiations. We begin with a brief sketch of different kinds of green NGOs, along with a review of the sorts of strategies and resources they employ. Next, we look to gauge the influence that NGOs have had on recent rounds of negotiations to do with compliance, flexibility mechanisms, and appropriate crediting rules for sinks. Our analysis is based on detailed interviews with members of some of the most prominent environmental NGOs involved in climate work. Finally, we suggest, based on our findings, some means by which NGOs may look to extend their influence in the development of the climate regime. Our analysis points to the crucial need for further “insider” capacity—that is, NGOs are likely to have the most far-reaching influence on future climate negotiations if they foster ways to work closely and collaboratively with key negotiators and governments.

scholarly journals Reshaping the Global Climate Change Regime through the Paris Agreement

2017 ◽  
Vol 6 (2) ◽  
pp. 1-32
Author(s):  
Theodore Okonkwo
Keyword(s):  
Climate Change ◽  
Kyoto Protocol ◽  
Global Climate ◽  
Paris Agreement ◽  
Climate Regime ◽  
Common But Differentiated Responsibilities ◽  
Copenhagen Accord ◽  
International Diplomacy ◽  
Cursory Examination ◽  
Combat Climate Change

The Paris Agreement on Climate Change which aimed at halting climate change and limiting global warming to 1.5 degrees Celsius, remains the most important piece of international diplomacy in years, since the Kyoto Protocol of 1992 and the Copenhagen Accord (which endorsed the continuation of the Kyoto Protocol) 2009. The signing of the Paris Agreement underlies the fact that climate change remains one of the greatest challenges of our time and calls for a strong political will to urgently combat climate change in accordance with the principle of common but differentiated responsibilities and respective capabilities. This article looks at Paris Agreement’s resolve to peak global greenhouse-gas emissions as soon as possible and also undertakes a cursory examination of the global climate regime. The article also examines how the problem of climate change has altered since the 2009 Copenhagen Accord and concludes by emphasizing the need to take the Paris Agreement forward in spirit.

scholarly journals Conference Diplomacy: The Making of the Paris Agreement

2016 ◽  
Vol 4 (3) ◽  
pp. 115-123 ◽  
Author(s):  
Aslak Brun
Keyword(s):  
Climate Change ◽  
Paris Agreement ◽  
Climate Mitigation ◽  
Top Down ◽  
Inclusive Leadership ◽  
Clear Sense ◽  
Sense Of Direction ◽  
Over Time

The article offers an insider’s account of how the Paris Agreement on climate change was reached. Focusing on participation and ambition, it describes the efforts to include a long-term temperature goal, expectations for regular ratcheting up of climate efforts, and provisions for tracking global progress. The author argues that a shift from the earlier top-down approaches to setting targets, to a bottom-up, self-determined approach has spurred participation and made it easier to reach agreement. In addition, the Paris Agreement anchors a clearer direction of travel than before. The article also discusses the negotiations of the provisions in the Agreement to drive increased national climate mitigation efforts over time. Finally, the author considers the role of conference diplomacy, particularly the need for inclusive leadership. It is argued that the French Presidency combined a transparent negotiations process with a clear sense of direction that helped achieve a comprehensive and ambitious outcome. The role of back-channel talks as part of effective conference diplomacy is also discussed.

scholarly journals Climate Contributions and the Paris Agreement: Fairness and Equity in a Bottom-Up Architecture

2016 ◽  
Vol 30 (3) ◽  
pp. 291-301 ◽  
Author(s):  
Nicholas Chan
Keyword(s):  
Climate Change ◽  
Carbon Budget ◽  
Paris Agreement ◽  
Voluntary Contributions ◽  
Climate Regime ◽  
Top Down ◽  
Bottom Up ◽  
Address Climate Change ◽  
International Climate ◽  
Fair Distribution

One of the chief aspects of last December's landmark Paris Agreement on climate change was the acceptance of the notion that all states would make a “contribution” to the global effort to address climate change. These voluntary, nationally determined, non-binding pledges are the most visible feature of the reorientation of the international climate regime away from its previous emphasis on “top-down” international coordination, and toward a “bottom-up” architecture that provides greater national flexibility in order to induce broader participation. At the same time, however, the agreement to keep the rise in average global temperatures to below 2 degrees Celsius indicates that there is a limit to the quantity of carbon that can be emitted to meet this temperature goal, raising the challenge of how to apportion this carbon “budget” among states. Can a fair distribution of the carbon budget be achieved amid voluntary contributions? This paper first discusses the tension between the top-down distribution that a carbon budget approach generally implies, and the bottom-up institutional elements of the new climate architecture. Second, it reviews the alternative ways in which considerations of fairness have been integrated into the design of the Paris Agreement, and the rise of “national circumstances” as the context for fairness. Finally, this paper points to the increased role for normative argumentation in this bottom-up world, where new norms embedded in the Paris Agreement, especially relating to increases in national ambition, take on greater importance in efforts to achieve an equitable response to climate change.

scholarly journals Inequity in International Climate Change Negotiations

2021 ◽  
Vol 4 (2) ◽  
pp. 153-177
Author(s):  
Serge Silatsa Nanda ◽  
Omar Samba ◽  
Ahmad Sahide
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Kyoto Protocol ◽  
Developed Countries ◽  
Paris Agreement ◽  
Climate Change Negotiations ◽  
Climate Agreements ◽  
Climate Negotiations ◽  
International Climate Agreements ◽  
International Climate

The adoption of international climate agreements requires thorough negotiation between parties. This study aims to analyse the inequities between developed and developing countries in climate negotiations. This was done through a scrutiny of the main stages of these negotiations from the Rio Conference to the advent of the Paris Agreement. Our analysis has shown pervasive inequities along the climate negotiations over time. The UNFCCC made a qualitative separation between developed and developing countries in the principle of common but differentiated responsibility. Furthermore, the Kyoto Protocol emphasized this with the commitment of developed countries to reducing their greenhouse gas emissions by at least 5%. The Kyoto Protocol by introducing flexibility mechanisms such as the Clean Development Mechanism (CDM) contributed to increase inequalities. The Paris Agreement has increased inequity by requesting each country to submit nationally determined contributions (NDCs) even though the global emission of developing countries remains very low. The negotiation style of developing countries is mostly limited to compromise and accommodation to the desires of the powerful states, as is the case in most international cooperation. The reality of the climate change negotiations mirrors the inequalities between developed and developing nations.

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