Might Cooperative Approaches Not Be So Cooperative? Exploring the Potential of Article 6.2 of the Paris Agreement to Generate Legal Disputes

Climate Law ◽  
2021 ◽  
Vol 11 (3-4) ◽  
pp. 265-278
Author(s):  
Géraud de Lassus St-Geniès
Keyword(s):  
Paris Agreement ◽  
Climate Regime ◽  
Political Implications ◽  
The Way

Abstract With Article 6.2, the Paris Agreement offers its parties the possibility to engage in cooperative approaches to import mitigation outcomes that have been generated on the territory of another party and use these international transferred mitigation outcomes (itmos) for compliance purposes. While this possibility seems to pave the way to more—and presumably new forms of—climate cooperation outside the UN climate regime, this paper asks whether Article 6.2 is also likely to spark disagreement among states. It is suggested that it bears as much a potential to generate cooperation as to generate conflict. To illustrate that point, the paper explains how Article 6.2 could lead to conflict between developed and developing states over the legality of unilateral restrictions on the admittance of itmos and discusses what such conflict may look like, as well as its possible legal and political implications.

Interview with Vicki Kirby

2019 ◽  
Vol 36 (7-8) ◽  
pp. 261-271
Author(s):  
Daniel McLoughlin
Keyword(s):  
Social Theory ◽  
Life Sciences ◽  
The Political ◽  
Nature And Culture ◽  
Political Implications ◽  
New Materialisms ◽  
The Relationship ◽  
The Way

In this interview, Vicki Kirby discusses her research into the relationship between nature and culture, focusing in particular on her recent edited collection, What If Culture Was Nature All Along? The volume appears in the ‘New Materialisms’ series, and so the interview begins by situating the collection with respect to the recent materialist turn in social theory. Kirby discusses the influence of deconstruction on her thought, and the way that she draws upon Derrida to think through recent research in the life sciences and its implications for understanding the relationship between matter, life, and communication. She also goes into the political implications of her work and the relationship between biopolitics and biodeconstruction.

Between the Politics of Difference and the Poetics of Similarity

2017 ◽  
Vol 6 (2) ◽  
pp. 198-215 ◽  
Author(s):  
Marios Chatziprokopiou ◽  
Panos Hatziprokopiou
Keyword(s):  
Financial Crisis ◽  
Cultural Context ◽  
Blood Donation ◽  
Participant Observation ◽  
Religious Practices ◽  
Far Right ◽  
Politics Of Difference ◽  
Political Implications ◽  
Greek Art ◽  
The Way

Abstract This paper studies the ritual of Ashura as performed by a group of Shia Pakistani migrants in Piraeus, Greece, inscribed in the context of the financial crisis that is currently shaking the country and its socio-political implications, notably the rise of the far-right. Based on participant observation, we start by unfolding the discourses through which our interlocutors attempt to legitimise their religious practices, by connecting the Karbala narrative with the current political oppression of Shiite minorities, but also by articulating a poetics of similarity with equivalent acts of faith from the Greek cultural context, rather than arguments on multiculturalist difference. We then turn our attention to the way Ashura is portrayed by Greek art and media, and we unpack how the poetics of similarity and the politics of difference are presented from different viewpoints. Finally, we study how the interrelations between this migrant Shiite community and ideas regarding the “national self” are manifested in symbolic uses of blood—from murderous threats received by Neo-Nazi groups, to their rejected proposal for a blood-donation campaign parallel to the Ashura.

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.

scholarly journals Dangerous Incrementalism of the Paris Agreement

2019 ◽  
Vol 19 (1) ◽  
pp. 4-11 ◽  
Author(s):  
Jen Iris Allan
Keyword(s):  
The United States ◽  
Paris Agreement ◽  
Nonstate Actors ◽  
Climate Regime ◽  
Policy Makers ◽  
New Era ◽  
The Past ◽  
Climate Action ◽  
Reduce Emissions ◽  
Binding Agreement

After a decade of negotiation, countries adopted a new, legally binding agreement on climate change. Excitement for a new era in the climate regime is palpable among pundits and policy makers alike. But such enthusiasm largely overlooks that most of the Paris Agreement’s provisions represent continuity with existing climate policy, not a break with the past. This forum argues that the Paris Agreement is a dangerous form of incrementalism in two ways. First, it repackages existing rules that have already proven inadequate to reduce emissions and improve resilience. Second, state and nonstate actors celebrate the Agreement as a solution, conferring legitimacy on its rules; I suggest that, beyond the strong desire to avoid failure, developing countries and nongovernmental organizations accepted the Paris Agreement to secure the participation of the United States and to uphold previous agreements. Given the reification of existing rules, the ratchet-up mechanism and nonstate actors offer the last remaining hopes in global efforts to catalyze climate action on a scale necessary to safeguard the climate.

The legal character and operational relevance of the Paris Agreement's temperature goal

2018 ◽  
Vol 376 (2119) ◽  
pp. 20160458 ◽  
Author(s):  
Lavanya Rajamani ◽  
Jacob Werksman
Keyword(s):  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Paris Agreement ◽  
Theme Issue ◽  
Social Challenges ◽  
Common But Differentiated Responsibilities ◽  
Political Implications ◽  
Collective Performance ◽  
Warming World ◽  
Legal Character

This article assesses the legal character and operational relevance of the Paris Agreement's 1.5°C temperature goal. This article begins with a textual analysis of the 1.5°C goal. It considers whether the goal creates individual or collective obligations for Parties, and whether it is sufficiently specific to enable the tracking of individual or collective performance. Next, it assesses the operational relevance of the 1.5°C temperature goal, by considering the role it will play in the Paris Agreement's institutions and procedures. To the extent that the goal plays a role, and implies global limits on greenhouse gas emissions, this article observes that it could have implications for the sharing of the effort between Parties. Thus, this article considers the relevance of equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances, to understanding how the 1.5°C goal could be reached. In this context, this article explores whether the 1.5°C goal could play a role in the Paris Agreement's ‘ambition cycle’. Finally, this article asks whether there are any legal or political implications, individually or collectively under the Paris Agreement, should the Parties fail to achieve the 1.5°C goal. This article is part of the theme issue ‘The Paris Agreement: understanding the physical and social challenges for a warming world of 1.5°C above pre-industrial levels’.

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
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Paris Agreement ◽  
Climate Regime ◽  
Climate Action ◽  
Private And Public ◽  
State Actor ◽  
International Climate ◽  
Private Actors

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.

Towards an Effective Mechanism to Facilitate Implementation and Promote Compliance under the Paris Agreement

Climate Law ◽  
2018 ◽  
Vol 8 (1-2) ◽  
pp. 39-69
Author(s):  
Sebastian Oberthür ◽  
Eliza Northrop
Keyword(s):  
Full Range ◽  
Paris Agreement ◽  
International Negotiations ◽  
Effective Mechanism ◽  
Effective Operation ◽  
Key Aspects ◽  
Design Options ◽  
Operational Guidance ◽  
The Way

The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other meas. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion. 1

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