Balancing Equity and Effectiveness: The Paris Agreement & The Future of International Climate Change Law

2019 ◽  
Author(s):  
Cinnamon Piñon Carlarne
Keyword(s):  
Climate Change ◽  
Paris Agreement ◽  
The Future ◽  
International Climate ◽  
International Climate Change

The Paris Agreement and the Future of the Climate Regime

2019 ◽  
pp. 189-205 ◽  
Author(s):  
Annalisa Savaresi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Paris Agreement ◽  
Global Mean Temperature ◽  
The Future ◽  
International Climate ◽  
The One ◽  
Global Mean ◽  
Important Objective ◽  
Climate Change Governance

This chapter discusses how international law has responded to climate change, focusing on the challenges that have faced implementation of existing climate treaties, and on the suitability of the Paris Agreement to address these. Expectations of this new treaty could scarcely be greater: the Paris Agreement is meant to provide a framework to improve international cooperation on climate change, and to keep the world within the global mean temperature-change goal identified by scientists as safe. Yet, whether and how this important objective will be reached largely depends, on the one hand, on the supporting political will and, on the other, on the redesign of the international architecture for climate governance. This chapter specifically reflects on international law-making and on the approach to climate change governance embedded in the Paris Agreement, drawing inferences from the past, to make predictions on what the future may hold for international climate change law.

scholarly journals Shifting Traction: Differential Treatment and Substantive and Procedural Regard in the International Climate Change Regime

2016 ◽  
Vol 5 (2) ◽  
pp. 427-448 ◽  
Author(s):  
Anna Huggins ◽  
Md Saiful Karim
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Paris Agreement ◽  
Differential Treatment ◽  
Cautionary Tale ◽  
Common But Differentiated Responsibilities ◽  
International Climate ◽  
Treaty Implementation ◽  
Robust Framework ◽  
International Climate Change

AbstractThe Paris Agreement to the United Nations Framework Convention on Climate Change (UNFCCC) signifies a shift in how the principle of common but differentiated responsibilities (CBDR) manifests in the international climate change regime. Unlike the UNFCCC and its Kyoto Protocol, the Paris Agreement does not enshrine differentiated substantive mitigation obligations for developed and developing countries. However, an increasingly proceduralized variant of the CBDR principle, which facilitates regard for the interests of developing countries with respect to treaty implementation yet does not guarantee favourable substantive outcomes for these states, is evident in the emerging regime. The experience of the International Maritime Organization’s climate change regime provides a cautionary tale with respect to procedurally oriented differentiation that is not reinforced by effective processes to ensure that developed states honour their finance and technology transfer commitments. Accordingly, this article posits that strong accountability mechanisms are required to transform opportunities for procedural differentiation in the Paris Agreement into a robust framework for procedural regard for the interests of developing states.

scholarly journals The Copenhagen Accord and the future of the international climate change regime

2010 ◽  
Vol 1 (1) ◽  
Author(s):  
Francesco Sindico
Keyword(s):  
Climate Change ◽  
Point Of View ◽  
Legal Regime ◽  
Copenhagen Accord ◽  
The Future ◽  
International Climate ◽  
Environmental Integrity ◽  
Two Parameters ◽  
Global Carbon ◽  
International Climate Change

This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.

scholarly journals International emissions policy and agriculture

2010 ◽  
Vol 6 (1) ◽  
Author(s):  
Paul Melville
Keyword(s):  
Climate Change ◽  
Climate Change Negotiations ◽  
The Future ◽  
International Climate ◽  
International Climate Change

The Copenhagen climate conference is now history and there is presently some debate on what the conference achieved and what the events that occurred there will mean for the future of international climate change negotiations. 

scholarly journals Non-state Actors in the International Climate Change Regulatory Framework

2021 ◽  
Vol 14 (1) ◽  
pp. 88-104
Author(s):  
Sina Bergmann
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Paris Agreement ◽  
Governance Model ◽  
Nationally Determined Contributions ◽  
International Climate ◽  
State Actors ◽  
Law Making ◽  
International Climate Change

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.

scholarly journals Towards the implementation of the Paris Climate Change Agreement 2015: Opportunities and Challenges for the Network of Universities Legal Aid Institutions (NULAI) Nigeria

2020 ◽  
Vol 27 (3) ◽  
pp. 146-175
Author(s):  
Ngozi Chinwa Ole ◽  
Onyekachi Eni
Keyword(s):  
Climate Change ◽  
Paris Agreement ◽  
Successful Implementation ◽  
Legal Aid ◽  
Human Right ◽  
International Climate ◽  
The One ◽  
International Climate Change ◽  
Civil Societies

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.

Doha and Warsaw

Climate Law ◽  
2014 ◽  
Vol 4 (1-2) ◽  
pp. 5-20 ◽  
Author(s):  
Michael Bothe
Keyword(s):  
Climate Change ◽  
Climate Change Policy ◽  
Change Policy ◽  
The Future ◽  
International Climate ◽  
New Generation ◽  
International Climate Change

This article addresses the legal instruments of international climate change policy as they have been reshaped by the Doha conference in 2012, thereafter modestly developed by the Warsaw conference in 2013, trying to prepare a new generation of legal instruments to govern the fight against climate change in the future.

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