China, the European Union and global environmental governance: the case of climate change

Author(s):  
David Belis
2010 ◽  
Vol 53 (spe) ◽  
pp. 73-90 ◽  
Author(s):  
Ana Flávia Barros-Platiau

Due to its recent economic success, Brazil is considered an emerging country, but is it an emerging power concerning global environmental governance? This article argues that although Brazil has a sui generis profile, it can only be considered an emerging power in some environmental regimes, such as global climate change. Thus, international relations theory needs more analytical instruments to assess the impact of emerging powers in global environmental governance


Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 50-93
Author(s):  
Paul A. Barresi

The disparate fates of the polluter pays principle (ppp) as an instrument of municipal environmental governance in the environmental law of China, India, and the United States illustrate how institutions and culture can shape its use. In China, essential elements of the Chinese legal tradition and an institutionalized devolution of power from the central government to local governments essentially neutralized the Chinese variant of the ppp in one important context by mobilizing certain culturally defined behavioural norms at the local level. In India, the Supreme Court has behaved in accordance with the socially revolutionary role intended for it by the framers of India’s Constitution by recognizing a maximalist conception of the ppp as part of Indian law, although other features of India’s unique legal culture and institutions have reduced the impact of this development. In the United States, the institutionalized fragmentation of the law-making process within the Federal Government has undermined even the implicit implementation of the ppp, to which US environmental statutes do not refer. The implications of these developments for the ppp as an instrument of municipal but also global environmental governance in climate change mitigation law flow less from the nominal status of the ppp in the laws of China, India, and the United States than from the unique institutional and cultural conditions that prevail there. The result is a case study in how institutions and culture can transform the implementation of a principle of environmental governance that at first glance might seem to be a simple exercise in economic rationality into a different exercise that is not simple at all.


Author(s):  
Nicole Scicluna

This chapter focuses on the intersection of law and politics in global environmental governance. A key characteristic of global environmental governance is its fragmentation. The regulatory landscape is populated by a variety of hard and soft law regimes, institutions, processes, and actors, which address particular environmental challenges, or address them in particular ways. Yet there are core principles that are common to many of these regimes, including the precautionary principle, the prevention principle, the principle of common but differentiated responsibilities, and the concept of sustainable development. The chapter then turns to an in-depth analysis of global climate change governance. It traces the evolution of climate change governance from the creation of the UN Framework Convention on Climate Change in 1994 to the present, focusing on the major legal-institutional milestones of the 1997 Kyoto Protocol and the 2015 Paris Agreement. Finally, the chapter returns to the problem of fragmentation, considering recent attempts to bring greater unity and coherence to global environmental governance.


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