scholarly journals Strategic Diplomacy, Fractal Governance and the BRICS in the Climate Regime

2018 ◽  
Vol 1 (1) ◽  
pp. 69
Author(s):  
Ana Flávia Barros-Platiau ◽  
Niels Soendergaard ◽  
Jorge Gomes do Cravo Barros ◽  
Liziane Paixão Silva Oliveira
Keyword(s):  
International Law ◽  
Paris Agreement ◽  
Climate Regime ◽  
Multilateral Negotiations ◽  
Power Shift ◽  
Opening Up

In the context of the COP 23 outcomes, the puzzling question is: how to save the climate? Starting from the multilateral negotiations that led to the Paris Agreement in 2015 and the French-Californian initiative "Make our Planet Great Again" as a response to President Trump's declarations, this article states that diplomacy and international law have to be more adaptive and inclusive. The emerging order from a fractal governance perspective and the power shift to Asia show the need of opening up for effective dialogue and attracting the BRICS to the UN sphere, not the BASIC.

scholarly journals The ‘standard of civilization’ in international law: Intellectual perspectives from pre-war Japan

2018 ◽  
Vol 32 (01) ◽  
pp. 13-32 ◽  
Author(s):  
Mohammad Shahabuddin
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Far East ◽  
Analytical Framework ◽  
Western World ◽  
European Standard ◽  
The Far East ◽  
Historical Pattern ◽  
National Spirit ◽  
Opening Up

AbstractThis article establishes the normative connection between Japan’s responses to regional hegemonic order prior to the nineteenth century and its subsequent engagement with the European standard of civilization. I argue that the Japanese understanding of the ‘standard of civilization’ in the nineteenth century was informed by the historical pattern of its responses to hegemony and the discourse on cultural superiority in the Far East that shifted from Sinocentrism to the unbroken Imperial lineage to the national-spirit. Although Japanese scholars accepted and engaged with the European standard of civilization after the forced opening up of Japan to the Western world in the mid-nineteenth century, they did so for instrumental purposes and soon translated ‘civilization’ into a language of imperialism to reassert supremacy in the region. Through intellectual historiography, this narrative contextualizes Japan’s engagement with the European standard of civilization, and offers an analytical framework not only to go beyond Eurocentrism but also to identify various other loci of hegemony, which are connected through the same language of power.

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.

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.

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.

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 Nation Ex-Situ: On climate change, deterritorialized nationhood and the post-climate era

Climate Law ◽  
2011 ◽  
Vol 2 (3) ◽  
pp. 345-374 ◽  
Author(s):  
Maxine Burkett
Keyword(s):  
Climate Change ◽  
International Law ◽  
Ex Situ ◽  
Climate Regime ◽  
Analogous Structure ◽  
Sovereign State ◽  
Nation States ◽  
The Family ◽  
The Creation ◽  
Impacts Of Climate Change

It is plausible that the impacts of climate change will render certain nation-states uninhabitable before the close of the century. While this may be the fate of a small number of those nation-states most vulnerable to climate change, its implications for the evolution of statehood and international law in a “post-climate” regime is potentially seismic. I argue that to respond to the phenomenon of landless nationstates, international law could accommodate an entirely new category of international actors. I introduce the Nation Ex-Situ. Ex-situ nationhood is a status that allows for the continued existence of a sovereign state, afforded all of the rights and benefits of sovereignty amongst the family of states, in perpetuity. In practice this would require the creation of a government framework that could exercise authority over a diffuse people. I elaborate on earlier calls to use a political trusteeship system to provide the framework for an analogous structure. I seek to accomplish two quite different but intimately related tasks: first, to define and justify the recognition of deterritorialized nation-states, and, second, to explain the trusteeship arrangement that will undergird the ex-situ nation. In doing so, I introduce the notion of a post-climate era, in which the very structure of human systems—be they legal, economic, or socio-political—are irrevocably changed and ever-changing.

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.

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