Pub Date : 2024-03-18DOI: 10.1007/s10784-024-09626-0
Abstract
Despite the decades of international climate negotiations and several landmark agreements, global efforts to date to restrict fossil fuel production in line with climate targets have been unsuccessful. As national and international policies continue to fall short of phasing out fossil fuels, increasing attention has been paid to non-state actors, like pension funds, as a potential source of more ambitious climate action. As major asset owners, large shareholders in fossil fuel companies, and historically activist investors, pension funds are theoretically well-placed to contribute to phasing out fossil fuels. Despite growing recognition of this potential role for pension funds and other major investors in climate change mitigation, there has been little attention to pension funds’ historical record on climate change, or to how their climate strategies have developed and changed over time. This paper examines how the climate strategies of the largest US and European pension funds have evolved in relation to key developments in international climate agreements and the extent to which these strategies contribute to restricting fossil fuel supply. Through an analysis of the annual, governance, and sustainability reports of 6 pension funds from 1997 to 2022, we examine the strategies pension funds have adopted to address both climate change and fossil fuels. Pension funds have demonstrated responsiveness to the signals of international climate agreements, adopting a range of strategies with respect to climate change (amongst others, integrating ESG principles, increasing their sustainable investments, and setting net zero goals). Their explicit attention to fossil fuels and contribution to supply-side interventions take the form of systematic shareholder engagement, (selective) divestment, and lobbying policymakers. While pension fund climate action is growing , the ambition of their strategies is not aligned with a rapid fossil fuel phaseout; their efforts are often focussed on improving disclosure and transparency and demonstrate complacency with minimal improvements from fossil fuel companies. If pension funds are to significantly contribute to phasing out fossil fuels, redefining pension fund responsibilities and the traditional shareholder role will likely be required.
{"title":"Pension funds and fossil fuel phase-out: historical developments and limitations of pension climate strategies","authors":"","doi":"10.1007/s10784-024-09626-0","DOIUrl":"https://doi.org/10.1007/s10784-024-09626-0","url":null,"abstract":"<h3>Abstract</h3> <p>Despite the decades of international climate negotiations and several landmark agreements, global efforts to date to restrict fossil fuel production in line with climate targets have been unsuccessful. As national and international policies continue to fall short of phasing out fossil fuels, increasing attention has been paid to non-state actors, like pension funds, as a potential source of more ambitious climate action. As major asset owners, large shareholders in fossil fuel companies, and historically activist investors, pension funds are theoretically well-placed to contribute to phasing out fossil fuels. Despite growing recognition of this potential role for pension funds and other major investors in climate change mitigation, there has been little attention to pension funds’ historical record on climate change, or to how their climate strategies have developed and changed over time. This paper examines how the climate strategies of the largest US and European pension funds have evolved in relation to key developments in international climate agreements and the extent to which these strategies contribute to restricting fossil fuel supply. Through an analysis of the annual, governance, and sustainability reports of 6 pension funds from 1997 to 2022, we examine the strategies pension funds have adopted to address both climate change and fossil fuels. Pension funds have demonstrated responsiveness to the signals of international climate agreements, adopting a range of strategies with respect to climate change (amongst others, integrating ESG principles, increasing their sustainable investments, and setting net zero goals). Their explicit attention to fossil fuels and contribution to supply-side interventions take the form of systematic shareholder engagement, (selective) divestment, and lobbying policymakers. While pension fund climate action is growing , the ambition of their strategies is not aligned with a rapid fossil fuel phaseout; their efforts are often focussed on improving disclosure and transparency and demonstrate complacency with minimal improvements from fossil fuel companies. If pension funds are to significantly contribute to phasing out fossil fuels, redefining pension fund responsibilities and the traditional shareholder role will likely be required.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"389 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140146524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-29DOI: 10.1007/s10784-024-09631-3
Peter Newell, Angela Carter
Once marginal in climate governance, supply-side policies which seek to restrict the production of climate warming fossil fuels are now gaining greater prominence. From national level bans and phase out policies to divestment campaigns and the creation of ‘climate clubs’ such as the Beyond Oil and Gas Alliance, an increasing number of such policies are being adopted by governments, cities and financial actors around the world. But why would states voluntarily relinquish potentially profitable reserves of fossil fuels? How can we account for the rise of supply-side policies, the form they take and the sites in which they are being adopted? What conditions and contexts are most conducive to the adoption and sustainability of ‘first mover’ bans and phase out policies? This paper seeks to build an interdisciplinary account fusing insights from diverse theoretical traditions from international political economy, political science, sociology and the literature on socio-technical transitions in order to capture the interaction of political, economic and socio-cultural drivers in national and international settings which can provide the basis of a more integrated and multi-dimensional understanding of supply-side policies. Such an account, we suggest, helps to understand the origins and evolution of supply-side policies and, more critically, the conditions which might enable the expansion of supply-side climate policies to new sites.
{"title":"Understanding supply-side climate policies: towards an interdisciplinary framework","authors":"Peter Newell, Angela Carter","doi":"10.1007/s10784-024-09631-3","DOIUrl":"https://doi.org/10.1007/s10784-024-09631-3","url":null,"abstract":"<p>Once marginal in climate governance, supply-side policies which seek to restrict the production of climate warming fossil fuels are now gaining greater prominence. From national level bans and phase out policies to divestment campaigns and the creation of ‘climate clubs’ such as the Beyond Oil and Gas Alliance, an increasing number of such policies are being adopted by governments, cities and financial actors around the world. But why would states voluntarily relinquish potentially profitable reserves of fossil fuels? How can we account for the rise of supply-side policies, the form they take and the sites in which they are being adopted? What conditions and contexts are most conducive to the adoption and sustainability of ‘first mover’ bans and phase out policies? This paper seeks to build an interdisciplinary account fusing insights from diverse theoretical traditions from international political economy, political science, sociology and the literature on socio-technical transitions in order to capture the interaction of political, economic and socio-cultural drivers in national and international settings which can provide the basis of a more integrated and multi-dimensional understanding of supply-side policies. Such an account, we suggest, helps to understand the origins and evolution of supply-side policies and, more critically, the conditions which might enable the expansion of supply-side climate policies to new sites.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"20 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140009746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-26DOI: 10.1007/s10784-024-09628-y
Joyeeta Gupta, Yang Chen, David I. Armstrong Mckay, Paola Fezzigna, Giuliana Gentile, Aljoscha Karg, Luc van Vliet, Steven J. Lade, Lisa Jacobson
The Paris Agreement has seen the adoption of a 1.5° to 2 °C climate target, based on the belief that climate change becomes ‘dangerous’ above this level. Since then, the scientific community and the countries most affected by global warming have reiterated that the maximum limit to be reached should be 1.5 °C. This paper goes one step further by questioning the reasoning behind the adoption of these targets, arguing that the fossil fuel-dependent political context in which they were adopted has undermined justice concerns. We highlight the political influence of the fossil fuels industry within target-setting negotiations, analyzing the evolution of climate targets and fossil fuel lobbying. We then harness published scientific evidence and the Earth System Justice framework to analyze the impacts of the 1.5 °C target, and the injustices that have so far been implicitly deemed acceptable. We argue that 1 °C would have been a far more just target and was undermined by vested interests and status quo maintenance. Finally, we propose just supply-side policies to ensure an adequate placement of responsibility on the fossil fuel industry. This way we (a) identify political influences and scientific blind spots that have and could continue to hinder climate action, (b) reveal how these influences delayed more ambitious climate objectives, contributing to the adoption of an unjust climate target, and (c) promote a focus on supply-side measures and polluting industries in order to break free from the impasse in the energy transition and foster more just outcomes.
巴黎协定》通过了 1.5 ° 至 2 ° C 的气候目标,其依据是气候变化超过这一水平就会变得 "危险"。此后,科学界和受全球变暖影响最严重的国家重申,应将最高温度限制在 1.5 °C。本文进一步质疑通过这些目标背后的理由,认为通过这些目标时依赖化石燃料的政治背景削弱了对正义的关注。我们强调了化石燃料行业在目标制定谈判中的政治影响力,分析了气候目标的演变和化石燃料的游说。然后,我们利用已公布的科学证据和地球系统公正框架,分析了 1.5 °C 目标的影响,以及迄今为止被默认为可以接受的不公正现象。我们认为,1 °C本来是一个更加公正的目标,但却被既得利益和维持现状所破坏。最后,我们提出了公正的供应方政策,以确保化石燃料行业承担足够的责任。通过这种方式,我们(a) 发现了已经并可能继续阻碍气候行动的政治影响和科学盲点,(b) 揭示了这些影响如何拖延了更宏伟的气候目标,导致通过了不公正的气候目标,以及(c) 促进对供应方措施和污染行业的关注,以打破能源转型的僵局,促进更公正的结果。
{"title":"Applying earth system justice to phase out fossil fuels: learning from the injustice of adopting 1.5 °C over 1 °C","authors":"Joyeeta Gupta, Yang Chen, David I. Armstrong Mckay, Paola Fezzigna, Giuliana Gentile, Aljoscha Karg, Luc van Vliet, Steven J. Lade, Lisa Jacobson","doi":"10.1007/s10784-024-09628-y","DOIUrl":"https://doi.org/10.1007/s10784-024-09628-y","url":null,"abstract":"<p>The Paris Agreement has seen the adoption of a 1.5° to 2 °C climate target, based on the belief that climate change becomes ‘dangerous’ above this level. Since then, the scientific community and the countries most affected by global warming have reiterated that the maximum limit to be reached should be 1.5 °C. This paper goes one step further by questioning the reasoning behind the adoption of these targets, arguing that the fossil fuel-dependent political context in which they were adopted has undermined justice concerns. We highlight the political influence of the fossil fuels industry within target-setting negotiations, analyzing the evolution of climate targets and fossil fuel lobbying. We then harness published scientific evidence and the Earth System Justice framework to analyze the impacts of the 1.5 °C target, and the injustices that have so far been implicitly deemed acceptable. We argue that 1 °C would have been a far more just target and was undermined by vested interests and status quo maintenance. Finally, we propose just supply-side policies to ensure an adequate placement of responsibility on the fossil fuel industry. This way we (a) identify political influences and scientific blind spots that have and could continue to hinder climate action, (b) reveal how these influences delayed more ambitious climate objectives, contributing to the adoption of an unjust climate target, and (c) promote a focus on supply-side measures and polluting industries in order to break free from the impasse in the energy transition and foster more just outcomes.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"295 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139978794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-24DOI: 10.1007/s10784-024-09625-1
Sarah Greene, Angela V. Carter
Denmark is the first major oil-producing state—the largest oil producer in the European Union to date—to withdraw from future oil production. In 2020, the Danish Parliament passed the North Sea Agreement (NSA), which established 2050 as the end date for all offshore oil and gas production and, at the same time, cancelled the eighth licensing round and all future tender rounds for hydrocarbon exploration and extraction. While essential in Denmark’s ambitious domestic climate commitments, this national ban is also a keystone in a vital turn in global supply side climate policy as Denmark endeavours to encourage other states to curtail fossil fuel production via its lead role in the Beyond Oil and Gas Alliance (BOGA). This paper explores the origins and development of Denmark’s NSA. Focusing on specific conditions that enabled the development of the national ban, this case study examines how Denmark’s national climate policy reinforces burgeoning global anti-fossil fuel norms (AFFN) and serves as a model for other states seeking to implement supply side climate policies. It concludes with an analysis of opportunities for extending Danish leadership in aligning oil production with the imperative for a net-zero world.
{"title":"From national ban to global climate policy renewal: Denmark’s path to leading on oil extraction phase out","authors":"Sarah Greene, Angela V. Carter","doi":"10.1007/s10784-024-09625-1","DOIUrl":"https://doi.org/10.1007/s10784-024-09625-1","url":null,"abstract":"<p>Denmark is the first major oil-producing state—the largest oil producer in the European Union to date—to withdraw from future oil production. In 2020, the Danish Parliament passed the North Sea Agreement (NSA), which established 2050 as the end date for all offshore oil and gas production and, at the same time, cancelled the eighth licensing round and all future tender rounds for hydrocarbon exploration and extraction. While essential in Denmark’s ambitious domestic climate commitments, this national ban is also a keystone in a vital turn in global supply side climate policy as Denmark endeavours to encourage other states to curtail fossil fuel production via its lead role in the Beyond Oil and Gas Alliance (BOGA). This paper explores the origins and development of Denmark’s NSA. Focusing on specific conditions that enabled the development of the national ban, this case study examines how Denmark’s national climate policy reinforces burgeoning global anti-fossil fuel norms (AFFN) and serves as a model for other states seeking to implement supply side climate policies. It concludes with an analysis of opportunities for extending Danish leadership in aligning oil production with the imperative for a net-zero world.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"12 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139953500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-19DOI: 10.1007/s10784-024-09624-2
Pedro Alarcón
In the light (or in the darkness) of the current climate and energy crises, a future in which the extraction of carbon-based fuels is phased down sounds less utopian, though still an upward struggle in an international context shaped by mainstream technoeconomic narratives. Concepts like "unburnable carbon," or the idea that fossil fuel reserves would need to remain under the ground in order to comply with the Paris Agreement, become prominent, and research on supply-side climate policy aimed at limiting further expansion of fossil fuel extraction gains momentum. Yet, there has been scarce attention so far to the role of supply-side approaches in building an equitable and just energy transition. With a view to filling this gap, in this contribution I build on the insights of Ecuador, a quintessential example of a natural resource-dependent country in the Global South and revisit the widely discussed Yasuní initiative, a pioneering international cooperation scheme to leave oil reserves in the ground, which is again topical due to the referendum of 2023. On the one hand, I argue that the energy transition underway imposes additional challenges when thinking about decarbonizing the energy sector and the national economy in a country, which traditionally followed a natural resource-driven development path. On the other hand, I discuss the social and political arrangements that surround the results of the referendum on stopping oil extraction in the Yasuní national park in the Ecuadorian Amazon region. With the insights of Ecuador, I finally intend to shed light on social, political, and international conditions needed for innovative supply-side projects to succeed in natural resource-rich countries in the Global South.
{"title":"What next for supply-side policy in the south: emerging lessons from Ecuador’s Yasuní initiative","authors":"Pedro Alarcón","doi":"10.1007/s10784-024-09624-2","DOIUrl":"https://doi.org/10.1007/s10784-024-09624-2","url":null,"abstract":"<p>In the light (or in the darkness) of the current climate and energy crises, a future in which the extraction of carbon-based fuels is phased down sounds less utopian, though still an upward struggle in an international context shaped by mainstream technoeconomic narratives. Concepts like \"unburnable carbon,\" or the idea that fossil fuel reserves would need to remain under the ground in order to comply with the Paris Agreement, become prominent, and research on supply-side climate policy aimed at limiting further expansion of fossil fuel extraction gains momentum. Yet, there has been scarce attention so far to the role of supply-side approaches in building an equitable and just energy transition. With a view to filling this gap, in this contribution I build on the insights of Ecuador, a quintessential example of a natural resource-dependent country in the Global South and revisit the widely discussed Yasuní initiative, a pioneering international cooperation scheme to leave oil reserves in the ground, which is again topical due to the referendum of 2023. On the one hand, I argue that the energy transition underway imposes additional challenges when thinking about decarbonizing the energy sector and the national economy in a country, which traditionally followed a natural resource-driven development path. On the other hand, I discuss the social and political arrangements that surround the results of the referendum on stopping oil extraction in the Yasuní national park in the Ecuadorian Amazon region. With the insights of Ecuador, I finally intend to shed light on social, political, and international conditions needed for innovative supply-side projects to succeed in natural resource-rich countries in the Global South.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"9 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139910115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-03DOI: 10.1007/s10784-023-09623-9
Harro van Asselt, Panagiotis Fragkos, Lauri Peterson, Kostas Fragkiadakis
Achieving the Paris Agreement’s global temperature goal of keeping warming well below 2 °C and ideally 1.5 °C requires limiting fossil fuel production. In the United Nations climate change negotiations, this need is only beginning to be acknowledged. Nevertheless, as some countries have already adopted supply-side climate policies, initial cooperative activities have started, and calls grow for a fossil fuel treaty, questions arise about the prospects and possible effects of international cooperation on limiting fossil fuel supply. Combining qualitative insights on possible participants in a supply-side coalition with a quantitative analysis based on integrated assessment general equilibrium modelling, this article addresses these questions. Through k-means clustering based on fossil reserves per capita, fossil fuel rents and existing supply-side policies, we first identify which (groups of) countries are most likely to lead the formation of an international supply-side coalition, and which (groups of) countries are likely to follow. Drawing on these insights, we develop several scenarios for the evolution of international supply-side coalitions and compare these to a business-as-usual scenario. By doing so, we demonstrate the global and regional environmental, trade and macroeconomic effects of international cooperation on limiting fossil fuel supply and combining fossil supply restrictions with carbon pricing to meet the Paris goals. Our findings underscore the importance of pursuing supply-side and ambitious demand-side climate policies in parallel, and identify the scope and coverage, size of the coalition, and incentives for participation as key design elements for an international supply-side coalition.
{"title":"The environmental and economic effects of international cooperation on restricting fossil fuel supply","authors":"Harro van Asselt, Panagiotis Fragkos, Lauri Peterson, Kostas Fragkiadakis","doi":"10.1007/s10784-023-09623-9","DOIUrl":"https://doi.org/10.1007/s10784-023-09623-9","url":null,"abstract":"<p>Achieving the Paris Agreement’s global temperature goal of keeping warming well below 2 °C and ideally 1.5 °C requires limiting fossil fuel production. In the United Nations climate change negotiations, this need is only beginning to be acknowledged. Nevertheless, as some countries have already adopted supply-side climate policies, initial cooperative activities have started, and calls grow for a fossil fuel treaty, questions arise about the prospects and possible effects of international cooperation on limiting fossil fuel supply. Combining qualitative insights on possible participants in a supply-side coalition with a quantitative analysis based on integrated assessment general equilibrium modelling, this article addresses these questions. Through <i>k</i>-means clustering based on fossil reserves per capita, fossil fuel rents and existing supply-side policies, we first identify which (groups of) countries are most likely to lead the formation of an international supply-side coalition, and which (groups of) countries are likely to follow. Drawing on these insights, we develop several scenarios for the evolution of international supply-side coalitions and compare these to a business-as-usual scenario. By doing so, we demonstrate the global and regional environmental, trade and macroeconomic effects of international cooperation on limiting fossil fuel supply and combining fossil supply restrictions with carbon pricing to meet the Paris goals. Our findings underscore the importance of pursuing supply-side and ambitious demand-side climate policies in parallel, and identify the scope and coverage, size of the coalition, and incentives for participation as key design elements for an international supply-side coalition.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"34 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139677468","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-17DOI: 10.1007/s10784-023-09622-w
Alessandra Arcuri, Kyla Tienhaara, Lorenzo Pellegrini
New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state dispute settlement (ISDS). We focus on two recently concluded ISDS cases (Rockhopper v Italy and Lone Pine v Canada) that concern prohibitions on fossil fuel development in ecologically sensitive areas. Italy was ordered to pay a British firm approximately € 250 million in compensation for a ban on offshore oil developments along the coastline, whereas Canada successfully defended Québec’s ban on gas development in the St. Lawrence River. Arbitrators in both cases reasoned that investors should be compensated when oil and gas exploration permits are revoked (even if such a remedy is not available under domestic law) and expressed antipathy towards civic engagement in the policy process. As companies can seek lost future profits through ISDS, these cases show that the system can engender material costs for states enacting supply-side policies. The threat of ISDS can generate a chilling effect, limiting the potential for supply-side initiatives, particularly in the Global South. Initiators of global efforts to limit further fossil fuel developments must consider the obstacles posed by international investment treaties, support efforts to abolish ISDS, and as an interim measure, promote the interpretation of treaty protections in line with climate objectives.
新化石燃料的开发与将全球升温控制在 1.5 °C 以下的目标不符,虽然大多数气候政策都侧重于减少对化石燃料的需求,但新出现的横向共识却促进了同时减少供应的努力。在本文中,我们将讨论国际投资条约对有效的供应方气候政策造成的障碍,这些条约通过投资者与国家争端解决(ISDS)保护企业免受国家干预。我们重点讨论最近结束的两起 ISDS 案件(Rockhopper 诉意大利和 Lone Pine 诉加拿大),这两起案件涉及禁止在生态敏感地区开发化石燃料。意大利被判向一家英国公司支付约 2.5 亿欧元的赔偿金,因为该公司被禁止沿海岸线进行近海石油开发;而加拿大则成功地维护了魁北克省禁止在圣劳伦斯河进行天然气开发的禁令。这两起案件的仲裁员都认为,当石油和天然气勘探许可证被吊销时,投资者应得到赔偿(即使国内法不提供这种补救措施),并对公民参与政策过程表示反感。由于公司可以通过 ISDS 寻求未来利润的损失,这些案例表明,该系统可以为颁布供应方政策的国家带来实质性成本。ISDS 的威胁会产生寒蝉效应,限制供应方倡议的潜力,尤其是在全球南部。限制化石燃料进一步发展的全球努力的发起者必须考虑国际投资条约带来的障碍,支持废除国际投资争端解决机制的努力,并作为一项临时措施,根据气候目标促进对条约保护的解释。
{"title":"Investment law v. supply-side climate policies: insights from Rockhopper v. Italy and Lone Pine v. Canada","authors":"Alessandra Arcuri, Kyla Tienhaara, Lorenzo Pellegrini","doi":"10.1007/s10784-023-09622-w","DOIUrl":"https://doi.org/10.1007/s10784-023-09622-w","url":null,"abstract":"<p>New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state dispute settlement (ISDS). We focus on two recently concluded ISDS cases (<i>Rockhopper v Italy</i> and <i>Lone Pine v Canada</i>) that concern prohibitions on fossil fuel development in ecologically sensitive areas. Italy was ordered to pay a British firm approximately € 250 million in compensation for a ban on offshore oil developments along the coastline, whereas Canada successfully defended Québec’s ban on gas development in the St. Lawrence River. Arbitrators in both cases reasoned that investors should be compensated when oil and gas exploration permits are revoked (even if such a remedy is not available under domestic law) and expressed antipathy towards civic engagement in the policy process. As companies can seek lost future profits through ISDS, these cases show that the system can engender material costs for states enacting supply-side policies. The threat of ISDS can generate a chilling effect, limiting the potential for supply-side initiatives, particularly in the Global South. Initiators of global efforts to limit further fossil fuel developments must consider the obstacles posed by international investment treaties, support efforts to abolish ISDS, and as an interim measure, promote the interpretation of treaty protections in line with climate objectives.</p>","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"132 1","pages":""},"PeriodicalIF":3.4,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139500736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An analysis of the convention on the protection of the Black Sea against pollution (the Bucharest Convention) from the perspective of Turkish contract law","authors":"Nilay Tulukcu Yıldızbaş, Üstüner Birben, Osman Devrim Elvan, Melek Bilgin Yüce","doi":"10.1007/s10784-023-09621-x","DOIUrl":"https://doi.org/10.1007/s10784-023-09621-x","url":null,"abstract":"","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136032789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-17DOI: 10.1007/s10784-023-09618-6
Nila Kamil, Sylvia Karlsson-Vinkhuyzen
Abstract As the multilateral climate transparency mechanism increasingly blurs the differentiation between developed and developing countries, it catalyses international pressure on the latter to adopt more ambitious mitigation policies and stringent reporting. This article delves into the relationship between the International Consultation and Analysis (ICA), a climate transparency mechanism under the United Nations Framework Convention on Climate Change (UNFCCC), and the mitigation policies of emerging economies, namely Brazil, China, India, Indonesia, and Mexico. Using the conceptual framework of reflexive capacity, we explore how the ICA enhances the ability of these countries' governments to recognize, reflect upon, and respond to demands for mitigation information. Our research draws on interviews with key government officials, UNFCCC personnel, and experts involved in the ICA process, participant observation, and extensive analysis of primary documents including the Biennial Update Reports, Technical Analysis Synthesis Reports, and countryspecific submissions. The findings demonstrate that the ICA fosters the enhancement of government actors’ reflexive capacities by furthering their understanding of transparency’s significance, advancing their technical reporting expertise, and subjecting individual country performance to scrutiny. Such capacities not only lead to improvements in domestic practices related to the generation and disclosure of mitigation-related information but also empower these countries to assert their entitlement to differentiated responsibilities in the face of increasing demands for mitigation and reporting. The enhanced reflexive capacity and heightened scrutiny are anticipated to play pivotal role in facilitating the development of more ambitious mitigation policies and more effective climate transparency mechanisms at both domestic and global levels.
{"title":"Exploring the links between climate transparency and mitigation policy through a reflexive capacity lens: case studies of Brazil, China, India, Indonesia, and Mexico","authors":"Nila Kamil, Sylvia Karlsson-Vinkhuyzen","doi":"10.1007/s10784-023-09618-6","DOIUrl":"https://doi.org/10.1007/s10784-023-09618-6","url":null,"abstract":"Abstract As the multilateral climate transparency mechanism increasingly blurs the differentiation between developed and developing countries, it catalyses international pressure on the latter to adopt more ambitious mitigation policies and stringent reporting. This article delves into the relationship between the International Consultation and Analysis (ICA), a climate transparency mechanism under the United Nations Framework Convention on Climate Change (UNFCCC), and the mitigation policies of emerging economies, namely Brazil, China, India, Indonesia, and Mexico. Using the conceptual framework of reflexive capacity, we explore how the ICA enhances the ability of these countries' governments to recognize, reflect upon, and respond to demands for mitigation information. Our research draws on interviews with key government officials, UNFCCC personnel, and experts involved in the ICA process, participant observation, and extensive analysis of primary documents including the Biennial Update Reports, Technical Analysis Synthesis Reports, and countryspecific submissions. The findings demonstrate that the ICA fosters the enhancement of government actors’ reflexive capacities by furthering their understanding of transparency’s significance, advancing their technical reporting expertise, and subjecting individual country performance to scrutiny. Such capacities not only lead to improvements in domestic practices related to the generation and disclosure of mitigation-related information but also empower these countries to assert their entitlement to differentiated responsibilities in the face of increasing demands for mitigation and reporting. The enhanced reflexive capacity and heightened scrutiny are anticipated to play pivotal role in facilitating the development of more ambitious mitigation policies and more effective climate transparency mechanisms at both domestic and global levels.","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135995916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Does ICAO’s climate change mitigation policy based on international agreements reflect global environmental justice?","authors":"Dinar Dewi Kania, Dian Artanti Arubusman, Mustika Sari, Ridho Bramulya Ikhsan, Safathira Zaldin","doi":"10.1007/s10784-023-09619-5","DOIUrl":"https://doi.org/10.1007/s10784-023-09619-5","url":null,"abstract":"","PeriodicalId":47272,"journal":{"name":"International Environmental Agreements-Politics Law and Economics","volume":"78 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136032469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}