scholarly journals International Soft Law: A Review on Paris Agreement

Author(s):  
Mulko Asaad Ado

Paris agreement, despite its many aspects and mixture of hard, soft, and non-obligations that are distinct and contain importance and vitality, however, they are not fully clarified in terms of their boundaries. There are various discussions and debates upon the agreements’ success or failure. Additionally, drives behind political parties, further motivation for more compliance with the agreement and to encourage major actors for higher response levels against climate change as it is “the most difficult and complex collective action problem of the world”. In this article, challenges to the agreement are noted and possible approaches towards a better future for application and compliance with the agreement are presented. For this purpose, categories of law are looked into in regard to Paris agreement and a number of aspects are highlighted. The interrelation link that exist among these obligations regardless of their forms is explored through the context of Paris agreement and its critical importance is emphasized. Our doctrine approach compares and investigates most recent and relevant studies upon the matter at hand and endeavors to create a better understanding on the importance of Paris agreement

2018 ◽  
Author(s):  
Chai Molina ◽  
Erol Akcay ◽  
Ulf Dieckmann ◽  
Simon Levin ◽  
Elena A. Rovenskaya

Countries generally agree that global greenhouse gas emissions are too high, but prefer other countries reduce emissions rather than reducing their own. The Paris Agreement is intended to solve this collective action problem, but is likely insufficient. One proposed solution is a matching-commitment agreement, through which countries can change each other’s incentives by committing to conditional emissions reductions, before countries decide on their unconditional reductions. Here, we study matching-commitment agreements between two heterogeneous countries. We find that such agreements (1) incentivize both countries to make matching commitments that in turn incentivize efficient emissions reductions, (2) reduce emissions from those expected without an agreement, and (3) increase both countries’ welfare. Matching-commitment agreements are attractive because they do not require a central enforcing authority and only require countries to fulfil their promises; countries are left to choose their conditional and unconditional emissions reductions according to their own interests.


2021 ◽  
Vol 14 (1) ◽  
Author(s):  
Andrea S. Asker ◽  
H. Orri Stefánsson

Both individuals and governments around the world have willingly sacrificed a great deal to meet the collective action problem posed by Covid-19. This has provided some commentators with newfound hope about the possibility that we will be able to solve what is arguably the greatest collective action problem of all time: global climate change. In this paper we argue that this is overly optimistic. We defend two main claims. First, these two collective action problems are so different that the actions that individuals have taken to try to solve the problem posed by Covid-19 unfortunately provide little indication that we will be able to solve the problem posed by climate change. Second, the actions that states have taken in response to Covid-19 might—if anything—even be evidence that they will continue to fail to cooperate towards a solution to the climate crisis.


Author(s):  
Sabrina Bruno

Climate change is a financial factor that carries with it risks and opportunities for companies. To support boards of directors of companies belonging to all jurisdictions, the World Economic Forum issued in January 2019 eight Principlescontaining both theoretical and practical provisions on: climate accountability, competence, governance, management, disclosure and dialogue. The paper analyses each Principle to understand scope and managerial consequences for boards and to evaluate whether the legal distinctions, among the various jurisdictions, may undermine the application of the Principles or, by contrast, despite the differences the Principles may be a useful and effective guidance to drive boards' of directors' conduct around the world in handling climate change challenges. Five jurisdictions are taken into consideration for this comparative analysis: Europe (and UK), US, Australia, South Africa and Canada. The conclusion is that the WEF Principles, as soft law, is the best possible instrument to address boards of directors of worldwide companies, harmonise their conduct and effectively help facing such global emergency.


Philosophies ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 61
Author(s):  
Philip J. Wilson

The problem of climate change inaction is sometimes said to be ‘wicked’, or essentially insoluble, and it has also been seen as a collective action problem, which is correct but inconsequential. In the absence of progress, much is made of various frailties of the public, hence the need for an optimistic tone in public discourse to overcome fatalism and encourage positive action. This argument is immaterial without meaningful action in the first place, and to favour what amounts to the suppression of truth over intellectual openness is in any case disreputable. ‘Optimism’ is also vexed in this context, often having been opposed to the sombre mood of environmentalists by advocates of economic growth. The greater mental impediments are ideological fantasy, which is blind to the contradictions in public discourse, and the misapprehension that if optimism is appropriate in one social or policy context it must be appropriate in others. Optimism, far from spurring climate change action, fosters inaction.


2019 ◽  
Vol 21 (1) ◽  
pp. 70
Author(s):  
Haekal - Siraj

 The 2015 Paris Agreement requires all participating countries to reduce emisson level. Indonesia as Non-Annex I accepted the norms of the 2015 Paris Agreement by ratifying this agreement. Meanwhile, Indonesia's emissions level continues to increase due to the rate of deforestation and forest degradation in Indonesia which ranks highest in the world. This study aims to analyze Indonesian policy in ratifying the agreement by using the Constructivism Perspective in explaining the International Regime and the Concept of Norm Influence by Finnemore and Sikkink. The study uses qualitative methods with explanatory designs. Data collection techniques are sourced from secondary sources as well as data analysis techniques carried out by reduction, presentation, and drawing conclusions as well as verification. This study found that the United States as a hegemonic state acting as the norm entrepreneurs by granting climate change financial assistance of $500 million through the GCF for Indonesia as a developing country was a condition affecting Indonesia in ratifying the agreement. Keywords: Indonesia, ratify, 2015 Paris Agreement, norm, climate change.


2021 ◽  
pp. 166-182
Author(s):  
Jason Brennan ◽  
William English ◽  
John Hasnas ◽  
Peter Jaworski

Diffusion of responsibility refers to the problem that when something is everyone’s job, it in effect ends up being nobody’s job. This explains why many collective problems arise. People face perverse incentives to free ride on others’ actions and not to do their part. As a result, agents often think in short-term rather than long-term ways. Problems such as climate change can be modeled as instances of the tragedy of the commons, one form of a collective action problem that arises due to perverse incentives created by the diffusion of responsibility.


2020 ◽  
Vol 53 (3) ◽  
pp. 547-555
Author(s):  
Jocelyn Sage Mitchell

ABSTRACTThis article modifies the classic “Isle of Ted” simulation to teach students about the collective action problems associated with climate change. Modifications include the introduction of a common-pool resource (i.e., fish) and increased pirate attacks to model rising climate threats and unequal distribution of risk. A return to the Isle of Ted enables a deeper engagement with specific collective action problems of climate change, including the tragedy of the commons and issues of global inequality. This article provides a road map for the incorporation of this modified simulation into active-learning classrooms.


2020 ◽  
Vol 12 (3) ◽  
pp. 1203 ◽  
Author(s):  
Asako Iwami ◽  
Takanori Matsui ◽  
Michinori Kimura ◽  
Kenshi Baba ◽  
Mitsuru Tanaka

As the effects of climate change increase in severity, organizations across the world are attempting to measures to mitigate these effects. In accordance with the Paris Agreement of November 2015, wherein participating nations agreed to restrict the increase in global temperature below 2 °C, Japan has formulated guidelines on creating adaptation plans that can be implemented by local governments. A Climate Change Adaptive Information Platform was also launched to promote understanding and cooperation by sharing information on climate risks. However, the literature on this topic lacks information related to the organization of requirements and challenges faced by municipal administrative officials that formulate adaptation plans. To address these issues, we examined the four municipal forums hosted at Hosei University to encourage administrative needs for new technological ideas in areas such as climate modeling and impact assessment. We used text mining on the transcripts of the various workshops conducted in these forums and attempted to understand the changes in discussions and to extract issues related to the formulation process. The results showed that various topics, such as creating adaptation promotion systems, assessing the impacts of climate change, formulating adaptation plans, communicating with related organizations and stakeholders, developing human resources, and capacity building, were discussed, and a need for information, procedures, and assistance was identified for the formulation of feasible adaptation plans. This study is expected to provide a useful reference to stakeholders involved in framing adaptation plans to mitigate the effects of climate changes, particularly at the municipal level.


2019 ◽  
Vol 19 (2) ◽  
pp. 149-168 ◽  
Author(s):  
Benjamin Brown ◽  
Samuel J. Spiegel

In the wake of the Paris Agreement on climate change, promises to phase out coal-fired power have suggested cause for optimism around energy transition globally. However, coal remains entangled with contentious development agendas in many parts of the world, while fossil fuel industries continue to flourish. This article discusses these entanglements through a climate justice lens that engages the cultural politics surrounding coal and energy transition. We highlight how recent struggles around phasing out coal have stimulated renewed critical debates around colonialism, empire, and capitalism more broadly, recognizing climate change as an intersectional issue encompassing racial, gender, and economic justice. With social movements locked in struggles to resist the development or expansion of coal mines, power plants, and associated infrastructure, we unpack tensions that emerge as transnational alliances connect disparate communities across the world. Our conclusion signals the need for greater critical engagement with how intersecting inequalities are coded into the cultural politics of coal, and how this shapes efforts to pursue a just transition.


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.


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