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":" ","pages":""},"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: 10.1163/18786561-00901001
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":" ","pages":""},"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: 10.1163/18786561-00901005
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":" ","pages":""},"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 : 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":" ","pages":""},"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 : 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":" ","pages":""},"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":" ","pages":""},"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}
Pub Date : 2018-10-31DOI: 10.1163/18786561-00803003
M. Faure, Jing Liu
We argue that climate law has specific features—including scientific complexity, a strongly transboundary nature, and long-term effects—that make it more challenging to study than other more traditional domains of environmental law. As a consequence, an interdisciplinary perspective may be needed even more for climate law than for the traditional study of environmental law. Climate law is to some extent underestimated by scientists, who should realize that for effective mitigation of greenhouse gases and adaptation to climate change, an optimal design and enforcement through climate law is necessary. Climate law can be expected to become more important with the implementation of the Paris Agreement, and for that reason climate lawyers should receive a more prominent position in the international policy arena of climate change.
{"title":"Urgently Needed: Climate Lawyers","authors":"M. Faure, Jing Liu","doi":"10.1163/18786561-00803003","DOIUrl":"https://doi.org/10.1163/18786561-00803003","url":null,"abstract":"We argue that climate law has specific features—including scientific complexity, a strongly transboundary nature, and long-term effects—that make it more challenging to study than other more traditional domains of environmental law. As a consequence, an interdisciplinary perspective may be needed even more for climate law than for the traditional study of environmental law. Climate law is to some extent underestimated by scientists, who should realize that for effective mitigation of greenhouse gases and adaptation to climate change, an optimal design and enforcement through climate law is necessary. Climate law can be expected to become more important with the implementation of the Paris Agreement, and for that reason climate lawyers should receive a more prominent position in the international policy arena of climate change.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44724171","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: 10.1163/18786561-00803005
La-Su Mai
The UN climate regime has served as the focal point for interstate cooperation on climate change in the political and legal domains for the last twenty-six years. However, since the lead-up to the Paris Agreement, the regime’s interstate elements have been complemented by an evolving transnational sphere of governance in which sub-national and non-state actors engage in voluntary cross-border initiatives. These initiatives serve two key functions: first, they facilitate and implement climate action at the sub-national level and in the private sector, and second, they promote transnational normative frameworks which require members to take active steps to address climate change. This article describes how the UN climate regime has developed to recognize transnational climate governance initiatives, and it reflects on the implications of this development for legal scholarship on international climate change law.
{"title":"The Growing Recognition of Transnational Climate Governance Initiatives in the UN Climate Regime: Implications for Legal Scholarship","authors":"La-Su Mai","doi":"10.1163/18786561-00803005","DOIUrl":"https://doi.org/10.1163/18786561-00803005","url":null,"abstract":"The UN climate regime has served as the focal point for interstate cooperation on climate change in the political and legal domains for the last twenty-six years. However, since the lead-up to the Paris Agreement, the regime’s interstate elements have been complemented by an evolving transnational sphere of governance in which sub-national and non-state actors engage in voluntary cross-border initiatives. These initiatives serve two key functions: first, they facilitate and implement climate action at the sub-national level and in the private sector, and second, they promote transnational normative frameworks which require members to take active steps to address climate change. This article describes how the UN climate regime has developed to recognize transnational climate governance initiatives, and it reflects on the implications of this development for legal scholarship on international climate change law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46976171","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: 10.1163/18786561-00803002
B. Mayer
What are we trying to achieve through our scholarship? It appears that most scholarship in climate law seeks to describe ongoing developments by using, inter alia, doctrinal and comparative methodologies. This article argues that, in addition to these ‘mainstream’ scholarly interventions, a critical scholarship in climate law should be, and is, developing. By questioning the assumptions on which climate law is developed, assessing the relations between law and power, or revealing long-overlooked paradoxes, among other topics, critical scholarship broadly conceived could provide innovative and interesting insights that help to achieve a more complete understanding of climate law.
{"title":"The Critical Functions of Scholarship in Climate Law","authors":"B. Mayer","doi":"10.1163/18786561-00803002","DOIUrl":"https://doi.org/10.1163/18786561-00803002","url":null,"abstract":"What are we trying to achieve through our scholarship? It appears that most scholarship in climate law seeks to describe ongoing developments by using, inter alia, doctrinal and comparative methodologies. This article argues that, in addition to these ‘mainstream’ scholarly interventions, a critical scholarship in climate law should be, and is, developing. By questioning the assumptions on which climate law is developed, assessing the relations between law and power, or revealing long-overlooked paradoxes, among other topics, critical scholarship broadly conceived could provide innovative and interesting insights that help to achieve a more complete understanding of climate law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48896880","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: 10.1163/18786561-00803010
B. Mayer
In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the UNFCCC regime excludes the application of the no-harm principle when, in reality, the UNFCCC regime really seeks to facilitate the implementation of general international law.
{"title":"The Place of Customary Norms in Climate Law: A Reply to Zahar","authors":"B. Mayer","doi":"10.1163/18786561-00803010","DOIUrl":"https://doi.org/10.1163/18786561-00803010","url":null,"abstract":"In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the UNFCCC regime excludes the application of the no-harm principle when, in reality, the UNFCCC regime really seeks to facilitate the implementation of general international law.","PeriodicalId":38485,"journal":{"name":"Climate Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18786561-00803010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49665992","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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