scholarly journals STAGES OF INTERNATIONAL LEGAL REGULATION IN THE FIELD OF CLIMATE PRESERVATION

2021 ◽  
Vol 02 (06) ◽  
pp. 108-116
Author(s):  
M.I. Putilina ◽  
Keyword(s):  
Climate Change ◽  
United Nations ◽  
International Law ◽  
Environmental Law ◽  
Legal Regulation ◽  
Paris Agreement ◽  
Legal Documents ◽  
The Subject ◽  
Politics And Law ◽  
Quantitative Assessments

The subject of the article is a chronological analysis of the development of the institutions of international law that regulate the issue of climate preservation. Active international legal cooperation in this area can be seen as a sign of growing attention of the international community to the problem of climate change, its integration into other areas of politics and law. This article provides a periodization of the stages of the process of formation of the main institutions of environmental law in the field of climate preservation from 1972 to the present, considers the most important milestones within the proposed stages, systematizes this information, gives comparative assessments of legal documents, taking into account their effectiveness at all stages as they are adopted. The study revealed the continuity of the process of adapting the adopted agreements to changing perceptions about set goals, quantitative assessments of the fulfillment of their obligations by states, the effectiveness of institutions for the implementation of agreements both at the international and regional or national levels. The author concludes that the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Paris Agreement have played a key role in stimulating and guiding international legal efforts to preserve the climate.

Part V Subject Matter, Ch.29 Climate Change

2021 ◽  
Author(s):  
Rajamani Lavanya ◽  
Werksman Jacob D
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Paris Agreement ◽  
Due Diligence ◽  
Address Climate Change ◽  
Rules And Principles ◽  
Harm Prevention ◽  
And Function ◽  
The Universe

This chapter provides an overview of international regulatory efforts to address climate change. It focuses on the UN climate change regime, which comprises the 1992 UNFCCC (United Nations Framework Convention on Climate Change), the Kyoto Protocol, the Paris Agreement, and decisions of parties under these instruments. However, the universe of climate change law extends well beyond the UN climate change regime. There are rules and principles of general international law, such as the harm prevention principle, due diligence, and state responsibility, which apply to climate change. There are treaty regimes and institutions, including those addressing other areas of international environmental law or other fields of international law, which intersect with, complement, and function to implement the UN climate change regime. There are also a multiplicity of rules, regulations, and institutions at the regional, sub-regional, and national levels that directly or indirectly address climate change, many of which have been put in place in response to the UN treaties.

scholarly journals The UN Framework Convention on Climate Change and the Paris Agreement: Challenges of the Conference of the Parties

Prolegómenos ◽  
2020 ◽  
Vol 22 (43) ◽  
pp. 125-136
Author(s):  
Lara Santos Zangerolame Taroco ◽  
Ana Cecília Sabbá Colares
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Global Climate ◽  
Environmental Law ◽  
Scientific Evidence ◽  
Paris Agreement ◽  
International Treaty ◽  
United Nations Framework Convention ◽  
The United Nations ◽  
Atmospheric Concentrations

The purpose of this article is to analyze, within the scope of the United Nations Framework Convention on Climate Change, how the Conference of the Parties provides a new locus for discussion within the International Environmental Law. Increasing scientific evidence about the possibility of global climate change in the 1980s led to growing awareness that human activities have been contributing to substantial increases in the atmospheric concentrations of greenhouse gases. Concerned with it, on December 11, 1990, the 45th session of the un General Assembly adopted a resolution that established the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change (INC/FCCC). It was the beginning of the United Nations Framework Convention on Climate Change and also the beginning of the establishment of the Conferences of the Parties, which is currently in its 25th edition. The Paris Agreement was negotiated at the 21st edition of the Conference of the Parties and is the central theme of this study because of its rel- evance in the context of emission reduction. The Paris Agreement was created in December 2015, and the work on climate change had just begun. The final text of the Paris Agreement addresses important topics. Nonetheless, the document lacks clarity on many subjects, which were intentionally left aside in order to reach consensus to finish the Paris Committee’s work. Considering this scenario and the challenges arising from this international treaty, the article analyzes the Conferences already held until the Paris Agreement. It also reviews the COP21 negotiations from 2015, taking into account a historical comprehension of the in- ternational concern over climate change, and the documents created by the Conference. Finally, this article discusses the developments and setbacks on the subject since 1997, and the objections made by interna- tional actors at the COP21 negotiations.

Contemporary Practice of the United States Relating to International Law

1993 ◽  
Vol 87 (1) ◽  
pp. 103-111
Author(s):  
Marian Nash
Keyword(s):  
Climate Change ◽  
United States ◽  
New York ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
George Bush ◽  
Environment And Development ◽  
The United Nations ◽  
Contemporary Practice

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.

International Law Obligations Arising in relation to Nationally Determined Contributions

2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Paris Agreement ◽  
The Other ◽  
Other Hand ◽  
Legal Obligations ◽  
Nationally Determined Contributions ◽  
The One

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.

Paris Agreement

2016 ◽  
Vol 55 (4) ◽  
pp. 740-755 ◽  
Author(s):  
Cara A. Horowitz
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Paris Agreement ◽  
Legal Regime ◽  
Global Response ◽  
United Nations Framework Convention ◽  
The United Nations

The Paris Agreement sets forth a new international legal regime aimed at strengthening the global response to climate change. It was adopted in December 2015 at the annual gathering of parties to the United Nations Framework Convention on Climate Change. The Paris Agreement sits within and implements the Convention.

Introduction

2019 ◽  
pp. 1-22
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Paris Agreement ◽  
Current Work ◽  
The Subject ◽  
To Come ◽  
Change Problem ◽  
Proper Response

The Introduction sets out the main aims of the book: make sense of the lack of proper response to climate change – focusing on what has gone wrong, what has gone right, and what might change now that the Paris Agreement has been ratified. After this has been set out, the Introduction provides a brief overview of the climate change problem. Next, the Introduction defends the use of a cosmopolitan approach and comments on existing cosmopolitan research, to explain how this book relates to and contributes to current work on the subject. Finally, the Introduction outlines what is to come in the remainder of the book.

Part IV Access to Protection and International Responsibility-Sharing, Ch.29 Smuggling of Migrants and Refugees

2021 ◽  
Author(s):  
Schloenhardt Andreas
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Subject ◽  
International Responsibility ◽  
The United Nations ◽  
International Refugee Law

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.

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.

Clearing the Air: Avoiding Conflicts of Interest Within the United Nations Framework Convention on Climate Change

2019 ◽  
Vol 32 (1) ◽  
pp. 53-81
Author(s):  
Brook M R Dambacher ◽  
Matthew T Stilwell ◽  
Jeffrey S McGee
Keyword(s):  
Climate Change ◽  
Best Practices ◽  
United Nations ◽  
International Law ◽  
Best Practice ◽  
Conflicts Of Interest ◽  
United Nations Framework Convention ◽  
Contentious Issue ◽  
Key Issues ◽  
The United Nations

Abstract Conflicts of interest (COIs) have the capacity to undermine the integrity and legitimacy of decision-making in international legal fora. The issue of COIs has recently become a contentious issue within the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC). Despite an emerging debate on COIs, key issues regarding engagement with certain non-state actors, and the reforms that could be implemented in response, remain to be systematically addressed. This article therefore examines best practice for addressing COIs in international fora to see how this might inform management of the issue within the UNFCCC. We find that protecting the integrity and legitimacy of the UNFCCC will likely require its Conference of the Parties to clearly define COIs and to adopt a process for their management. This reform will bring the UNFCCC into line with best practices in global governance and improve prospects for more effective international law on climate change.

scholarly journals Development of UN Framework Convention on Climate Change Negotiations under COP25: Article 6 of the Paris Agreement perspective

2019 ◽  
Vol 2 (1) ◽  
pp. 113-119 ◽  
Author(s):  
Majid Asadnabizadeh
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Paris Agreement ◽  
Major Step ◽  
Climate Change Negotiations ◽  
United Nations Framework Convention ◽  
The United Nations ◽  
Political Act ◽  
High Level

AbstractDevelopment of the UN Framework Convention on Climate Change Negotiations (UNFCCC) is based on the Conference of the Parties meetings. The Paris accord is a political act setting goals to, operationalize the rulebook agreement. The 24th Conference of the Parties to the United Nations Framework Convention on Climate Change in Poland agreed on a set of guidelines for implementing the landmark 2015 Paris Climate Change Agreement. Katowice was a major step forward for operationalizing the Paris Agreement perspective though the negotiations were incomplete. The Article 6 chapter- market and non-market cooperative approaches- is being sent for completion to the next COP in Santiago. The present research has stressed that in COP25, article 6 would increase high level engagement of countries to finalize guidance with a perspective to prepare a decision by the end of the COP.

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