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

2017 ◽  
Vol 6 (2) ◽  
pp. 1-32
Author(s):  
Theodore Okonkwo

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.

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.


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.


Author(s):  
Andrew Light

This chapter explores the ethical dimensions of diplomatic efforts to form a global agreement on climate change. It offers a brief historical background on the core multilateral climate negotiation body, the United Nations Framework Convention on Climate Change, and highlights some contentious moral elements of these negotiations. In particular, it explores the complex ways in which the principle of “common but differentiated responsibilities” (CBDR) has driven debates on how burdens for mitigation, adaptation, and finance should be distributed between developed and developing countries. It then considers the transformation in these climate negotiations since 2009, including the move toward a bottom-up architecture as part from the Copenhagen Accord to the Paris Agreement. Finally, it assesses the current state of climate diplomacy in relation to broader diplomatic priorities, arguing that climate diplomacy must be elevated alongside other top-tier foreign policy issues today in order to eventually achieve some level of climate stability.


2021 ◽  
pp. 1-7
Author(s):  
Armin Rosencranz ◽  
Kanika Jamwal

This article argues that the UN Framework Convention on Climate Change (UNFCCC)’s conception of common but differentiated responsibilities and respective capabilities (CBDRRC) was never effectively implemented through the Kyoto Protocol. The investments under the Kyoto Protocol’s Clean Development Mechanism suggest that CBDRRC has been used by developed countries to buy a “right to pollute”, i.e., maintaining or even increasing their greenhouse gas emissions, while investing in clean energy in developing nations, thus defeating the essence of CBDRRC as intended under the UNFCCC. Second, it points out that the Paris Agreement reflects a significant shift in the CBDRRC, both in terms of its textual understanding as well as its implementation. A qualifier, “in the light of national circumstances”, was added to the principle of CBDRRC in the Paris Agreement, allowing a form of voluntary self-differentiation. This qualifier diluted a top-down, objective analysis of States’ commitments. For several scholars, this shift has meant a softening of the principle, making the “differentiation” more dynamic and flexible. In the authors’ opinion, the qualifier is a fundamental modification of the principle to make it politically more palatable. It completely disregards the notion of historical responsibility for climate change, which was the cornerstone of CBDRRC as conceived under the UNFCCC. Therefore, rather than presenting a more flexible understanding of UNFCCC’s conception of CBDRRC, the Paris Agreement marks a total departure from it. Lacking an explicit redefinition of the principle of CBDRRC, it is misleading to contend that the Paris Agreement is still anchored in it.


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.


2017 ◽  
pp. 31-44
Author(s):  
Kiyoshi Takahashi ◽  
Seita Emori ◽  
Shinichiro Fujimori ◽  
Toshihiko Masui

Author(s):  
Alix Dietzel

Chapter Five assesses to what extent multilateral actors enable the three demands of justice developed in Part I of the book. Taking each demand of justice in turn, the chapter focuses on normative commitments made in the Convention as well as assessing the policies set out in the Kyoto Protocol and examining what has been achieved so far by multilateral actors. Finally, the chapter assesses to what extent the Paris Agreement presents a shift from existing policies. In this way, the chapter provides a historical overview of multilateral climate change action, as well as looking to the future. Chapter Five puts forward that although there has been some progress made, none of the demands of justice come close to being met, and that there is an urgent need for change in the multilateral regime.


AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 274-278
Author(s):  
Jean Galbraith

President Trump has done the impossible: he has made the international community enthusiastic about U.S. federalism. Even as they express dismay at Trump's plan to abandon the Paris Agreement, foreign leaders and internationalists have praised the efforts of  U.S. states and cities to combat climate change mitigation in accordance with the Agreement's goals. These leaders are responding to what I will call the outer face of foreign affairs federalism—the direct international engagement undertaken by U.S. states and cities. This outer face has gained visibility in recent years, spurred on not only by the exigencies of climate but also by developments in legal practice. Less noticed internationally but of great practical importance is the inner face of foreign affairs federalism—the ways in which U.S. states and cities interact with the federal government. In this contribution, I first describe these two faces of foreign affairs federalism as they relate to climate and then suggest some ways in which foreign leaders and internationalists could expand the outer face and respond to the inner face.


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