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

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.

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.


Climate Law ◽  
2016 ◽  
Vol 6 (1-2) ◽  
pp. 1-20 ◽  
Author(s):  
Meinhard Doelle

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.


2019 ◽  
Vol 56 (4) ◽  
pp. 215-235
Author(s):  
Athaulla A. Rasheed

This article is about small island developing states (SIDS) and their role in the United Nations (UN) climate negotiations. It presents a discussion about how a constructivist model of foreign policy analysis and international system design can be used to explain the impact of climate ideas of SIDS on UN climate system. The SIDS have been in the UN climate negotiations since the 1980s, committed to a climate agenda with clear ideas about the challenges they face and the type of solutions they seek from the international policy community. In this respect, this article seeks to explain that climate ideas shared among SIDS have established an intersubjective understanding to promote a compelling common voice at international climate negotiations, which is based on an island vulnerability identity. These ideas have shaped the policy thinking and interests of climate negotiators to design institutional frameworks that have given special consideration to SIDS. It concludes that this observation represents a disproportionate impact of SIDS. Despite the weak material powers for being small islands, their climate agenda has influenced the UN system design to address their concerns.


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.


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.


2013 ◽  
Vol 37 ◽  
pp. 7502-7511
Author(s):  
Duan ◽  
Tetsuo Yuhara ◽  
Hiroshi Ujita ◽  
Kazuhiro Tsuzuki ◽  
Toshikazu Shindou

Sign in / Sign up

Export Citation Format

Share Document