Pub Date : 2019-04-27DOI: 10.1163/18786561-00901010
Michael Addaney
{"title":"Governing Climate Change: Global Cities and Transnational Lawmaking, written by Jolene Lin","authors":"Michael Addaney","doi":"10.1163/18786561-00901010","DOIUrl":"https://doi.org/10.1163/18786561-00901010","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44168141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901004
B. Mayer
In December 2018, cop 24/cma 1.3 adopted the Modalities, Procedures and Guidelines for the Transparency Framework under Article 13 of the Paris Agreement. Commenting on this decision, this article reviews and assesses the rules on transparency in the unfccc regime as they will apply during the coming years. Two main themes are identified: differentiation and progression. With regard to differentiation, while the Transparency Framework seeks to apply the same rules to all countries, bifurcation remains in place in some important respects. With regard to progression, the article identifies four aspects in which the adoption of a uniform set of rules has come at the expense of the stringency of the rules applicable to Annex i parties.
{"title":"Transparency Under the Paris Rulebook: Is the Transparency Framework Truly Enhanced?","authors":"B. Mayer","doi":"10.1163/18786561-00901004","DOIUrl":"https://doi.org/10.1163/18786561-00901004","url":null,"abstract":"In December 2018, cop 24/cma 1.3 adopted the Modalities, Procedures and Guidelines for the Transparency Framework under Article 13 of the Paris Agreement. Commenting on this decision, this article reviews and assesses the rules on transparency in the unfccc regime as they will apply during the coming years. Two main themes are identified: differentiation and progression. With regard to differentiation, while the Transparency Framework seeks to apply the same rules to all countries, bifurcation remains in place in some important respects. With regard to progression, the article identifies four aspects in which the adoption of a uniform set of rules has come at the expense of the stringency of the rules applicable to Annex i parties.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43438154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901009
L. Groen
{"title":"EU Climate Diplomacy: Politics, Law and Negotiations, edited by Stephen Minas and Vassilis Ntousas","authors":"L. Groen","doi":"10.1163/18786561-00901009","DOIUrl":"https://doi.org/10.1163/18786561-00901009","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44468313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901003
Hao Zhang
This article examines the substantive and procedural rules on climate finance adopted as part of the Paris Rulebook. It finds that the Rulebook has occasioned some important progress, less on substance than on procedure facilitating greater transparency. On substance, the Rulebook recognizes the existing goal by developed-country parties to the unfccc to raise $100 billion of climate finance per year by 2020 and it provides for a process to be initiated in 2020 to determine a new collective goal that will be no less than the existing one. On procedure, the Rulebook establishes extensive reporting obligations for improved understanding of climate-finance flows. By examining the implementation challenges and gaps, this article discusses whether the climate-finance provisions of the Paris Agreement as developed through its Rulebook will be able to remain consistent with the applicable principles of international law on climate finance and thus drive a comprehensive shift in finance flows.
{"title":"Implementing Provisions on Climate Finance Under the Paris Agreement","authors":"Hao Zhang","doi":"10.1163/18786561-00901003","DOIUrl":"https://doi.org/10.1163/18786561-00901003","url":null,"abstract":"This article examines the substantive and procedural rules on climate finance adopted as part of the Paris Rulebook. It finds that the Rulebook has occasioned some important progress, less on substance than on procedure facilitating greater transparency. On substance, the Rulebook recognizes the existing goal by developed-country parties to the unfccc to raise $100 billion of climate finance per year by 2020 and it provides for a process to be initiated in 2020 to determine a new collective goal that will be no less than the existing one. On procedure, the Rulebook establishes extensive reporting obligations for improved understanding of climate-finance flows. By examining the implementation challenges and gaps, this article discusses whether the climate-finance provisions of the Paris Agreement as developed through its Rulebook will be able to remain consistent with the applicable principles of international law on climate finance and thus drive a comprehensive shift in finance flows.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45377473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901006
A. Zahar
The Global Stocktake compels states periodically to focus on the Paris Agreement’s ultimate aims. Without it, each state’s attention would have been fixated on its own Nationally Determined Contribution and little else. The Paris Rulebook clarifies how the stocktaking mechanism is to function—in all but one respect: although the rules keep the emphasis squarely on “collective progress” as the proper object of the stocktake’s assessment, the text is ambiguous on whether its implied opposite—individual state progress—is to be excluded from the assessment. The ambiguity rides mainly on the notion of “equity”—a term as dutifully inserted into key passages of the Rulebook as its explanation is studiously avoided. Whatever the negotiators may have intended in this respect, an objective construction of the Rulebook shows that an assessment of the individual progress of states is permitted to occupy a substantial part of the stocktaking process, except when it comes to formal reporting on the stocktake’s outputs. The non-exclusion of individual assessment from the dialogue that powers the stocktake means that, while the ideology of “national self-determination” may have succeeded in turning out an Article 15 Committee of unprecedented blandness, it has neglected to defend its flanks in the Global Stocktake, making for an unpredictable, yet potentially useful process.
{"title":"Collective Progress in the Light of Equity Under the Global Stocktake","authors":"A. Zahar","doi":"10.1163/18786561-00901006","DOIUrl":"https://doi.org/10.1163/18786561-00901006","url":null,"abstract":"The Global Stocktake compels states periodically to focus on the Paris Agreement’s ultimate aims. Without it, each state’s attention would have been fixated on its own Nationally Determined Contribution and little else. The Paris Rulebook clarifies how the stocktaking mechanism is to function—in all but one respect: although the rules keep the emphasis squarely on “collective progress” as the proper object of the stocktake’s assessment, the text is ambiguous on whether its implied opposite—individual state progress—is to be excluded from the assessment. The ambiguity rides mainly on the notion of “equity”—a term as dutifully inserted into key passages of the Rulebook as its explanation is studiously avoided. Whatever the negotiators may have intended in this respect, an objective construction of the Rulebook shows that an assessment of the individual progress of states is permitted to occupy a substantial part of the stocktaking process, except when it comes to formal reporting on the stocktake’s outputs. The non-exclusion of individual assessment from the dialogue that powers the stocktake means that, while the ideology of “national self-determination” may have succeeded in turning out an Article 15 Committee of unprecedented blandness, it has neglected to defend its flanks in the Global Stocktake, making for an unpredictable, yet potentially useful process.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44894595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901001
Jolene Lin, A. Zahar
{"title":"Introduction to the Special Issue on the Paris Rulebook","authors":"Jolene Lin, A. Zahar","doi":"10.1163/18786561-00901001","DOIUrl":"https://doi.org/10.1163/18786561-00901001","url":null,"abstract":"","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47050890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901008
M. Peeters
EU climate law has come to consist of many rules and court decisions. Given its breadth, complexity, and dynamic nature, it is a huge challenge for scholars to acquire a good overview, let alone develop a comprehensive and in-depth analysis of the law. It should not be taboo to concede that hard-working scholars may fall short of having a thorough appreciation of the “state of the art” of EU climate law. Because of this, not only prioritization but also cooperation among scholars is necessary. While legal research can point to problems and shortcomings in EU climate law, it should at the same time delve on the importance of having a body of EU climate law leading to emission reductions that most likely would not have been achieved if the EU member states had had to decide on this objective individually.
{"title":"EU Climate Law: Largely Uncharted Legal Territory","authors":"M. Peeters","doi":"10.1163/18786561-00901008","DOIUrl":"https://doi.org/10.1163/18786561-00901008","url":null,"abstract":"EU climate law has come to consist of many rules and court decisions. Given its breadth, complexity, and dynamic nature, it is a huge challenge for scholars to acquire a good overview, let alone develop a comprehensive and in-depth analysis of the law. It should not be taboo to concede that hard-working scholars may fall short of having a thorough appreciation of the “state of the art” of EU climate law. Because of this, not only prioritization but also cooperation among scholars is necessary. While legal research can point to problems and shortcomings in EU climate law, it should at the same time delve on the importance of having a body of EU climate law leading to emission reductions that most likely would not have been achieved if the EU member states had had to decide on this objective individually.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46463597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-27DOI: 10.1163/18786561-00901005
G. Zihua, C. Voigt, J. Werksman
This article provides a comprehensive overview of the modalities and procedures for the effective operation of the committee tasked to facilitate implementation of, and promote compliance with, the provisions of the Paris Agreement. This is done in the context of the negotiation history and the object and purpose of the Paris Agreement. The article explains how the Committee is expected to function, the situations that trigger its proceedings, and the outcomes that can be expected. The article also explores the linkages to other processes and mechanisms under the Paris Agreement, especially the Enhanced Transparency Framework, and explains how the Committee will add value to the Paris Agreement’s architecture.
{"title":"Facilitating Implementation and Promoting Compliance With the Paris Agreement Under Article 15: Conceptual Challenges and Pragmatic Choices","authors":"G. Zihua, C. Voigt, J. Werksman","doi":"10.1163/18786561-00901005","DOIUrl":"https://doi.org/10.1163/18786561-00901005","url":null,"abstract":"This article provides a comprehensive overview of the modalities and procedures for the effective operation of the committee tasked to facilitate implementation of, and promote compliance with, the provisions of the Paris Agreement. This is done in the context of the negotiation history and the object and purpose of the Paris Agreement. The article explains how the Committee is expected to function, the situations that trigger its proceedings, and the outcomes that can be expected. The article also explores the linkages to other processes and mechanisms under the Paris Agreement, especially the Enhanced Transparency Framework, and explains how the Committee will add value to the Paris Agreement’s architecture.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00901005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48704706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-31DOI: 10.1163/18786561-00803012
Christopher Campbell-Duruflé, S. Atapattu
The Advisory Opinion of the Inter-American (IA) Court of Human Rights on Environment and Human Rights, released in February 2018, has the potential to usher in a new era for the relationship between climate law and international human rights law. This article begins with the Inuit Petition submitted to the IA Commission on Human Rights in 2005 to identify three legal challenges which it brought to light on the application of the international human rights framework to climate change: enforceability, causality, and extraterritoriality. By relying on examples from the Human Rights Council and the Paris Agreement negotiations, we show that these three issues continue to have an impact on the relationship between climate law and human rights. We then draw attention to the groundbreaking character of the IA Court’s Advisory Opinion, and in particular to the finding that the American Convention on Human Rights gives rise to an autonomous right to a healthy environment and to state duties that are both preventive and extraterritorial in nature. We suggest that the IA Court’s revisiting of the three legal hurdles provides an opportunity to close the gap between the disciplines of international human rights and climate law.
{"title":"The Inter-American Court’s Environment and Human Rights Advisory Opinion: Implications for International Climate Law","authors":"Christopher Campbell-Duruflé, S. Atapattu","doi":"10.1163/18786561-00803012","DOIUrl":"https://doi.org/10.1163/18786561-00803012","url":null,"abstract":"The Advisory Opinion of the Inter-American (IA) Court of Human Rights on Environment and Human Rights, released in February 2018, has the potential to usher in a new era for the relationship between climate law and international human rights law. This article begins with the Inuit Petition submitted to the IA Commission on Human Rights in 2005 to identify three legal challenges which it brought to light on the application of the international human rights framework to climate change: enforceability, causality, and extraterritoriality. By relying on examples from the Human Rights Council and the Paris Agreement negotiations, we show that these three issues continue to have an impact on the relationship between climate law and human rights. We then draw attention to the groundbreaking character of the IA Court’s Advisory Opinion, and in particular to the finding that the American Convention on Human Rights gives rise to an autonomous right to a healthy environment and to state duties that are both preventive and extraterritorial in nature. We suggest that the IA Court’s revisiting of the three legal hurdles provides an opportunity to close the gap between the disciplines of international human rights and climate law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46404010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-31DOI: 10.1163/18786561-00803007
Natalie L. Dobson
Amidst the lively discussion on legal fragmentation and climate change, this article seeks to highlight the windows for the potential interaction of jurisdictional and environmental norms. This is relevant for climate-protective trade measures, which, it is argued, are not exhaustively regulated by WTO law. Exploring the contours of ‘climate change jurisdiction’ in customary international law, the article considers how the traditional jurisdictional principles may be operationalized in the untested territory of cumulative and uncertain environmental harm. With their origins in criminal and economic law, the jurisdictional principles were not originally designed for these challenges. This paper argues that the environmental norm of precaution, which originated out of a need to respond to complex threats, should have a role to play. Precaution governs issues of state regulatory competence in the face of scientific uncertainty. Particularly in relation to questions of foreseeability and causation, this norm may be helpful in navigating the application of the abstract jurisdictional principles, providing opportunities for synergy in the crystallization of the climate change jurisdiction.
{"title":"Exploring the Crystallization of ‘Climate Change Jurisdiction’: A Role for Precaution?","authors":"Natalie L. Dobson","doi":"10.1163/18786561-00803007","DOIUrl":"https://doi.org/10.1163/18786561-00803007","url":null,"abstract":"Amidst the lively discussion on legal fragmentation and climate change, this article seeks to highlight the windows for the potential interaction of jurisdictional and environmental norms. This is relevant for climate-protective trade measures, which, it is argued, are not exhaustively regulated by WTO law. Exploring the contours of ‘climate change jurisdiction’ in customary international law, the article considers how the traditional jurisdictional principles may be operationalized in the untested territory of cumulative and uncertain environmental harm. With their origins in criminal and economic law, the jurisdictional principles were not originally designed for these challenges. This paper argues that the environmental norm of precaution, which originated out of a need to respond to complex threats, should have a role to play. Precaution governs issues of state regulatory competence in the face of scientific uncertainty. Particularly in relation to questions of foreseeability and causation, this norm may be helpful in navigating the application of the abstract jurisdictional principles, providing opportunities for synergy in the crystallization of the climate change jurisdiction.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46799178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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