Sébastien Duyck, E. Lennon, W. Obergassel, A. Savaresi
The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.
{"title":"Human Rights and the Paris Agreement's Implementation Guidelines: Opportunities to Develop a Rights-Based Approach","authors":"Sébastien Duyck, E. Lennon, W. Obergassel, A. Savaresi","doi":"10.21552/CCLR/2018/3/5","DOIUrl":"https://doi.org/10.21552/CCLR/2018/3/5","url":null,"abstract":"The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"12 1","pages":"191-202"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49187170","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}
{"title":"Editorial ∙ Negotiating the Paris Rulebook: Introduction to the Special Issue","authors":"H. Asselt, K. Kulovesi, M. Mehling","doi":"10.21552/CCLR/2018/3/3","DOIUrl":"https://doi.org/10.21552/CCLR/2018/3/3","url":null,"abstract":"","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"12 1","pages":"173-183"},"PeriodicalIF":0.0,"publicationDate":"2018-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46512517","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}
Carbon pricing is routinely presented as the most efficient way to reduce greenhouse gas emissions, and therefore as an indispensable pillar of ambitious climate policy. For incremental emission reductions on the margin, this static perspective may be correct, expressing the ability of carbon pricing to identify and spur abatement options with the lowest cost. At the same time, meeting the 1.5°C target requires achievement of zero net emissions in the relatively near term, implying a need for full decarbonisation rather than marginal abatement. To date, there is only limited empirical evidence suggesting that carbon pricing has produced deep emission cuts. Emission reductions triggered by carbon taxes and emissions trading systems are typically modest or relate to a baseline rather than absolute levels, even in cases where price levels are relatively high. Consequently, we posit that deep decarbonisation in line with the 1.5°C target can only be ensured by drawing on a portfolio approach, in which carbon pricing operates alongside other instruments including regulation and legal mandates.
{"title":"Carbon pricing and the 1.5°C target : near-term decarbonisation and the importance of an instrument mix","authors":"M. Mehling, E. Tvinnereim","doi":"10.21552/CCLR/2018/1/9","DOIUrl":"https://doi.org/10.21552/CCLR/2018/1/9","url":null,"abstract":"Carbon pricing is routinely presented as the most efficient way to reduce greenhouse gas emissions, and therefore as an indispensable pillar of ambitious climate policy. For incremental emission reductions on the margin, this static perspective may be correct, expressing the ability of carbon pricing to identify and spur abatement options with the lowest cost. At the same time, meeting the 1.5°C target requires achievement of zero net emissions in the relatively near term, implying a need for full decarbonisation rather than marginal abatement. To date, there is only limited empirical evidence suggesting that carbon pricing has produced deep emission cuts. Emission reductions triggered by carbon taxes and emissions trading systems are typically modest or relate to a baseline rather than absolute levels, even in cases where price levels are relatively high. Consequently, we posit that deep decarbonisation in line with the 1.5°C target can only be ensured by drawing on a portfolio approach, in which carbon pricing operates alongside other instruments including regulation and legal mandates.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"12 1","pages":"50-61"},"PeriodicalIF":0.0,"publicationDate":"2018-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48552158","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}
In 2007, Heads of State of eight major industrialised nations affirmed that the United Nations will remain ‘the appropriate forum for negotiating future global action on climate change.’ Within the U.N., however, a number of concurrent ‘tracks’ emerged for negotiations and discussions, accompanied by a certain degree of overlap and giving rise to questions on the mandate, scope, and limitations of each track as a pathway to a future climate regime. This article provides a retrospective on ten years of climate negotiations under the U.N., and traces important milestones and trends.
{"title":"Negotiating climate change in the UN: same procedure as every year? Not quite!","authors":"C. Bausch, M. Mehling","doi":"10.21552/CCLR/2017/3/4","DOIUrl":"https://doi.org/10.21552/CCLR/2017/3/4","url":null,"abstract":"In 2007, Heads of State of eight major industrialised nations affirmed that the United Nations will remain ‘the appropriate forum for negotiating future global action on climate change.’ Within the U.N., however, a number of concurrent ‘tracks’ emerged for negotiations and discussions, accompanied by a certain degree of overlap and giving rise to questions on the mandate, scope, and limitations of each track as a pathway to a future climate regime. This article provides a retrospective on ten years of climate negotiations under the U.N., and traces important milestones and trends.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"11 1","pages":"179-183"},"PeriodicalIF":0.0,"publicationDate":"2017-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45607739","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 : 2017-05-01Epub Date: 2017-01-12DOI: 10.1007/s00018-016-2443-3
L Dhers, L Ducassou, J-L Boucher, D Mansuy
Cytochrome P450 2U1 (CYP2U1) exhibits several distinctive characteristics among the 57 human CYPs, such as its presence in almost all living organisms with a highly conserved sequence, its particular gene organization with only five exons, its major location in thymus and brain, and its protein sequence involving an unusually long N-terminal region containing 8 proline residues and an insert of about 20 amino acids containing 5 arginine residues after the transmembrane helix. Few substrates, including fatty acids, N-arachidonoylserotonin (AS), and some drugs, have been reported so far. However, its biological roles remain largely unknown, even though CYP2U1 mutations have been involved in some pathological situations, such as complicated forms of hereditary spastic paraplegia. These data together with its ability to hydroxylate some fatty acids and AS suggest its possible role in lipid metabolism.
{"title":"Cytochrome P450 2U1, a very peculiar member of the human P450s family.","authors":"L Dhers, L Ducassou, J-L Boucher, D Mansuy","doi":"10.1007/s00018-016-2443-3","DOIUrl":"10.1007/s00018-016-2443-3","url":null,"abstract":"<p><p>Cytochrome P450 2U1 (CYP2U1) exhibits several distinctive characteristics among the 57 human CYPs, such as its presence in almost all living organisms with a highly conserved sequence, its particular gene organization with only five exons, its major location in thymus and brain, and its protein sequence involving an unusually long N-terminal region containing 8 proline residues and an insert of about 20 amino acids containing 5 arginine residues after the transmembrane helix. Few substrates, including fatty acids, N-arachidonoylserotonin (AS), and some drugs, have been reported so far. However, its biological roles remain largely unknown, even though CYP2U1 mutations have been involved in some pathological situations, such as complicated forms of hereditary spastic paraplegia. These data together with its ability to hydroxylate some fatty acids and AS suggest its possible role in lipid metabolism.</p>","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"2 1","pages":"1859-1869"},"PeriodicalIF":8.0,"publicationDate":"2017-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11107762/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90159678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Following his surprise election, President Trump has translated several campaign promises into a relentless progression of executive measures. This article traces the first 100 days of his presidency as they relate to climate and energy policy, assessing the impact of personnel choices, his regulatory reform agenda, and his proposed budget blueprint, as well as executive or agency orders across various sectors. It also differentiates between the expected impact of federal policy choices and fundamental trends in the energy sector as well as the activist role of states and municipalities in shaping climate policy outcomes. Finally, the article discusses procedural constraints and judicial review as moderating forces, limiting the scale and speed with which the new president can overturn the climate legacy of his predecessor. In the end, the article argues that a retrospective of recent administrations reveals a cyclical pattern which both confines and perpetuates the alternating extremes of successive presidencies.
{"title":"A New Direction for US Climate Policy: Assessing the First 100 Days of Donald Trump's Presidency","authors":"M. Mehling","doi":"10.21552/CCLR/2017/1/4","DOIUrl":"https://doi.org/10.21552/CCLR/2017/1/4","url":null,"abstract":"Following his surprise election, President Trump has translated several campaign promises into a relentless progression of executive measures. This article traces the first 100 days of his presidency as they relate to climate and energy policy, assessing the impact of personnel choices, his regulatory reform agenda, and his proposed budget blueprint, as well as executive or agency orders across various sectors. It also differentiates between the expected impact of federal policy choices and fundamental trends in the energy sector as well as the activist role of states and municipalities in shaping climate policy outcomes. Finally, the article discusses procedural constraints and judicial review as moderating forces, limiting the scale and speed with which the new president can overturn the climate legacy of his predecessor. In the end, the article argues that a retrospective of recent administrations reveals a cyclical pattern which both confines and perpetuates the alternating extremes of successive presidencies.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"11 1","pages":"3-24"},"PeriodicalIF":0.0,"publicationDate":"2017-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41895281","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}
In spite of the apparent lack of success of international emission trading under the Kyoto Protocol, numerous jurisdictions are implementing mitigation mechanisms that put a price on carbon, whether by taxing activities that cause release of carbon to the atmosphere, or by creating markets through which the cost of atmospheric release of carbon is internalised to the relevant activities by way of emission trading schemes. These diverse and heterogeneous mechanisms – in particular the emission trading schemes – might achieve greater efficiency, larger scale, and other benefits, were they to be connected. Against this background, this paper sets out a proposal for a conceptual model for the networking of emission trading schemes, built on the architecture of distributed ledger technology. In this way, it is argued, the interconnection of these emission trading schemes might be achieved flexibly, cost effectively and efficiently, while taking account of the requirements for cooperative approaches, evidenced in the Paris Agreement. The purpose of the paper is to stimulate, and provide a starting point for, more detailed, intensive discussion of what the technical requirements might be of some such scheme.
{"title":"A Conceptual Model for Networking of Carbon Markets on Distributed Ledger Technology Architecture","authors":"J. Macinante","doi":"10.2139/SSRN.2948580","DOIUrl":"https://doi.org/10.2139/SSRN.2948580","url":null,"abstract":"In spite of the apparent lack of success of international emission trading under the Kyoto Protocol, numerous jurisdictions are implementing mitigation mechanisms that put a price on carbon, whether by taxing activities that cause release of carbon to the atmosphere, or by creating markets through which the cost of atmospheric release of carbon is internalised to the relevant activities by way of emission trading schemes. These diverse and heterogeneous mechanisms – in particular the emission trading schemes – might achieve greater efficiency, larger scale, and other benefits, were they to be connected. Against this background, this paper sets out a proposal for a conceptual model for the networking of emission trading schemes, built on the architecture of distributed ledger technology. In this way, it is argued, the interconnection of these emission trading schemes might be achieved flexibly, cost effectively and efficiently, while taking account of the requirements for cooperative approaches, evidenced in the Paris Agreement. The purpose of the paper is to stimulate, and provide a starting point for, more detailed, intensive discussion of what the technical requirements might be of some such scheme.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"11 1","pages":"243-260"},"PeriodicalIF":0.0,"publicationDate":"2017-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2948580","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43848879","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}
Ten years ago, in the very first issue of Carbon and Climate Law Review (CCLR), I discussed the question of whether climate change was becoming a security issue and whether it belonged within the scope of the United Nations Security Council (UNSC). The first issue of CCLR was published on the backdrop of the first ever debate before the UNSC on the impacts of climate change on international security, which took place on 17 April 2007, and just a few years after the release in 2004 of the High - Level Panel on Threats, Challenges and Change report that included environmental degradation as a possible threat to international security.
{"title":"Anniversary special: The inaugural issue a decade later : Climate change and security","authors":"F. Sindico","doi":"10.21552/CCLR/2017/3/6","DOIUrl":"https://doi.org/10.21552/CCLR/2017/3/6","url":null,"abstract":"Ten years ago, in the very first issue of Carbon and Climate Law Review (CCLR), I discussed the question of whether climate change was becoming a security issue and whether it belonged within the scope of the United Nations Security Council (UNSC). The first issue of CCLR was published on the backdrop of the first ever debate before the UNSC on the impacts of climate change on international security, which took place on 17 April 2007, and just a few years after the release in 2004 of the High - Level Panel on Threats, Challenges and Change report that included environmental degradation as a possible threat to international security.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"11 1","pages":"187-190"},"PeriodicalIF":0.0,"publicationDate":"2017-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49053756","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}
Abstract Destined to channel a significant part of the US$ 100 billion pledge made by developed countries under the United Nations Framework Convention on Climate Change (UNFCC) the Green Climate Fund (GCF) has been set up with the ambition of becoming the main global fund in the area of climate finance. Although many pieces of the final puzzle are still missing the GCF is now ready to solicit funding. It is a fact that its institutional design has little in common with the very successful trust funds operating under the aegis of the World Bank. This paper explores the reasons that are at the centre of the massive growth in ‘multi-bi-financing’ and provides an overview of the most recent trends in ODA and climate finance. Based on this study, it analyses whether the GCF is an attractive institutional channel for donors. It concludes that many of the GCF’s design elements should be improved, notably with the view to enhancing value for money integrating actively civil society actors and leveraging effectively private capital.
{"title":"The Green Climate Fund: how attractive is it to donor countries?","authors":"Daniela Rais","doi":"10.7892/BORIS.90360","DOIUrl":"https://doi.org/10.7892/BORIS.90360","url":null,"abstract":"Abstract Destined to channel a significant part of the US$ 100 billion pledge made by developed countries under the United Nations Framework Convention on Climate Change (UNFCC) the Green Climate Fund (GCF) has been set up with the ambition of becoming the main global fund in the area of climate finance. Although many pieces of the final puzzle are still missing the GCF is now ready to solicit funding. It is a fact that its institutional design has little in common with the very successful trust funds operating under the aegis of the World Bank. This paper explores the reasons that are at the centre of the massive growth in ‘multi-bi-financing’ and provides an overview of the most recent trends in ODA and climate finance. Based on this study, it analyses whether the GCF is an attractive institutional channel for donors. It concludes that many of the GCF’s design elements should be improved, notably with the view to enhancing value for money integrating actively civil society actors and leveraging effectively private capital.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71358332","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}
Preferential trade agreements (PTAs) are growing in importance globally. In 1990 there were approximately 70 preferential trade agreements in place, by 2010 there were around 300. Free trade agreements make up around three quarters of the PTAs. According to the EU: Free Trade Agreements (FTAs), if approached with care, can build on WTO and other international rules by going further and faster in promoting openness and integration, by tackling issues which are not ready for multilateral discussion and by preparing the ground for the next level of multilateral liberalization.
{"title":"The Inclusion of Border Carbon Adjustments in Preferential Trade Agreements: Policy Implications","authors":"Kateryna Holzer","doi":"10.7892/BORIS.84041","DOIUrl":"https://doi.org/10.7892/BORIS.84041","url":null,"abstract":"Preferential trade agreements (PTAs) are growing in importance globally. In 1990 there were approximately 70 preferential trade agreements in place, by 2010 there were around 300. Free trade agreements make up around three quarters of the PTAs. According to the EU: Free Trade Agreements (FTAs), if approached with care, can build on WTO and other international rules by going further and faster in promoting openness and integration, by tackling issues which are not ready for multilateral discussion and by preparing the ground for the next level of multilateral liberalization.","PeriodicalId":52307,"journal":{"name":"Carbon and Climate Law Review","volume":"6 1","pages":"246-260"},"PeriodicalIF":0.0,"publicationDate":"2012-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71358232","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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