R. Maguire, G. Carter, S. Mangubhai, B. Lewis, Susan Gail Harris Rimmer
Climate change is accelerating gender inequality, as climate extremes amplify inequalities, vulnerabilities, negative gender norms, and sexual and gender-based violence (SGBV) rates increase during times of disaster. Yet the gendered experiences of climate change have to date been inadequately factored into climate law and policy-making, with the UN Framework Convention on Climate Change (UNFCCC) traditionally limiting its focus to ‘gender balance’ in representation within the regime. This article explores the development of gender considerations within the UNFCCC by reflecting upon where we have come from, where we are now and where we are going with respect with gender. While there was very little progress in the early days of the UNFCCC, this article shows that from 2001 to the present there have been a series of small gains, which this article will explain and critique. Much remains to be done, however, for gender within the UNFCCC. In recommending future actions, it draws particularly on lessons from the Pacific and Australian experiences.
{"title":"Repositioning Gender: Past, Present and Future+","authors":"R. Maguire, G. Carter, S. Mangubhai, B. Lewis, Susan Gail Harris Rimmer","doi":"10.3233/epl-219048","DOIUrl":"https://doi.org/10.3233/epl-219048","url":null,"abstract":"Climate change is accelerating gender inequality, as climate extremes amplify inequalities, vulnerabilities, negative gender norms, and sexual and gender-based violence (SGBV) rates increase during times of disaster. Yet the gendered experiences of climate change have to date been inadequately factored into climate law and policy-making, with the UN Framework Convention on Climate Change (UNFCCC) traditionally limiting its focus to ‘gender balance’ in representation within the regime. This article explores the development of gender considerations within the UNFCCC by reflecting upon where we have come from, where we are now and where we are going with respect with gender. While there was very little progress in the early days of the UNFCCC, this article shows that from 2001 to the present there have been a series of small gains, which this article will explain and critique. Much remains to be done, however, for gender within the UNFCCC. In recommending future actions, it draws particularly on lessons from the Pacific and Australian experiences.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47039194","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}
The current name of the game on climate action by the Global North is called “Backtracking” –backtracking on almost every commitment made by them at the various Conference of Parties (COP) held under the Unites Nations Framework Convention on Climate Change (UNFCCC). This comes even as the UNFCCC turned 30 on 04 June 2022. The article seeks to place under scanner issues at stake that will impinge upon the future trajectory of the climate change regulatory regime.
{"title":"Backtracking on Climate Change Action by the Developed Countries: Some Reflections of a Negotiator","authors":"T. S. Tirumurti","doi":"10.3233/epl-219046","DOIUrl":"https://doi.org/10.3233/epl-219046","url":null,"abstract":"The current name of the game on climate action by the Global North is called “Backtracking” –backtracking on almost every commitment made by them at the various Conference of Parties (COP) held under the Unites Nations Framework Convention on Climate Change (UNFCCC). This comes even as the UNFCCC turned 30 on 04 June 2022. The article seeks to place under scanner issues at stake that will impinge upon the future trajectory of the climate change regulatory regime.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46406104","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}
The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.
{"title":"The Paris Agreement on climate change: a subtle combination of tools and actors for better enforcement?+","authors":"Mathilde Hautereau-Boutonnet, Sandrine Maljean-Dubois","doi":"10.3233/epl-219045","DOIUrl":"https://doi.org/10.3233/epl-219045","url":null,"abstract":"The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42710933","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}
“Ambition” and its variants “progression” and “highest possible ambition” are cornerstones of the Paris Agreement and its 2/1.5 degrees C global warming goals, while ambition is at best implicit in the Framework Convention on Climate Change. Even though only a normative expectation in a system of self-assessment, under the Paris Agreement ambition serves as a yardstick for judging and discussing the adequacy of the NDCs. However, the content and meaning of “ambition” are far from being agreed upon and the applicability of the reformulated principle of common but differentiated responsibilities and respective capabilities does not provide clear answers. In these circumstances, the article looks for guidance from national court decisions that interpret, apply or consider the notion of ambition “on the ground”. These decisions address a number of elements of ambition. They may encourage more ambitious national action. However, they are mostly not specific enough to draw robust conclusions from them regarding concrete questions of application.
{"title":"Ambition as a Legal Concept in the Paris Agreement and Climate Litigation: Some Reflections","authors":"E. Rehbinder","doi":"10.3233/epl-219044","DOIUrl":"https://doi.org/10.3233/epl-219044","url":null,"abstract":"“Ambition” and its variants “progression” and “highest possible ambition” are cornerstones of the Paris Agreement and its 2/1.5 degrees C global warming goals, while ambition is at best implicit in the Framework Convention on Climate Change. Even though only a normative expectation in a system of self-assessment, under the Paris Agreement ambition serves as a yardstick for judging and discussing the adequacy of the NDCs. However, the content and meaning of “ambition” are far from being agreed upon and the applicability of the reformulated principle of common but differentiated responsibilities and respective capabilities does not provide clear answers. In these circumstances, the article looks for guidance from national court decisions that interpret, apply or consider the notion of ambition “on the ground”. These decisions address a number of elements of ambition. They may encourage more ambitious national action. However, they are mostly not specific enough to draw robust conclusions from them regarding concrete questions of application.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49289146","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}
The UN Framework Convention on Climate Change (UNFCCC) was adopted in 1992 and it was opened for signature at Rio de Janeiro in June of that year. The 30th anniversary of its adoption offers an opportunity to reflect on more than a quarter of a century of UN climate diplomacy, and to consider the path ahead. This contribution takes a look back at the choices made that have led the regime to its current state. It then takes a look forward and considers the prospects of the regime meeting its ultimate aim of avoiding dangerous human interference with the climate system.
{"title":"The UNFCCC Regime at a Crossroads: Can You Trust Anyone Over 30?","authors":"Meinhard Doelle","doi":"10.3233/epl-219043","DOIUrl":"https://doi.org/10.3233/epl-219043","url":null,"abstract":"The UN Framework Convention on Climate Change (UNFCCC) was adopted in 1992 and it was opened for signature at Rio de Janeiro in June of that year. The 30th anniversary of its adoption offers an opportunity to reflect on more than a quarter of a century of UN climate diplomacy, and to consider the path ahead. This contribution takes a look back at the choices made that have led the regime to its current state. It then takes a look forward and considers the prospects of the regime meeting its ultimate aim of avoiding dangerous human interference with the climate system.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41269082","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}
A. Pramudianto, H. G. Saiya, Pulina Nityakanti Pramesi, Farah Syuraih Muchtar
Coral reefs need strong management and protection efforts. However, public awareness and legal instruments concerning coral reefs are still insufficient. An ecosystem service model perspective is needed for the optimum management of that ecosystem. This study examined the relationship between ecosystem services management in international, national and local environmental laws and the coral reef ecosystem. An analytical descriptive qualitative method with the environmental services model and statutory regulation approaches was used. The researcher found a good relationship between the ecosystem services management in the international, national and local environmental laws and the policy planning concerning the sustainable development of the coral reef ecosystem. However, not all of the existing regulations support the environmental services model. It is because the regulatory framework is not complete, and existing norms do not support the efforts to improve people’s welfare.
{"title":"The Use of Ecosystem Services Model in Sustainable Coral Reefs Management: Some Legal Reflections","authors":"A. Pramudianto, H. G. Saiya, Pulina Nityakanti Pramesi, Farah Syuraih Muchtar","doi":"10.3233/epl-210129","DOIUrl":"https://doi.org/10.3233/epl-210129","url":null,"abstract":"Coral reefs need strong management and protection efforts. However, public awareness and legal instruments concerning coral reefs are still insufficient. An ecosystem service model perspective is needed for the optimum management of that ecosystem. This study examined the relationship between ecosystem services management in international, national and local environmental laws and the coral reef ecosystem. An analytical descriptive qualitative method with the environmental services model and statutory regulation approaches was used. The researcher found a good relationship between the ecosystem services management in the international, national and local environmental laws and the policy planning concerning the sustainable development of the coral reef ecosystem. However, not all of the existing regulations support the environmental services model. It is because the regulatory framework is not complete, and existing norms do not support the efforts to improve people’s welfare.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43146185","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}
This article builds a case in favour of using carbon tax as a cost-effective tool for regulating greenhouse gas (GHG) emissions as part of the climate change mitigation solution in terms of discouraging further GHG emission. Drawing on existing primary and secondary data, the article makes an assessment of the Cameroon’s legal environment for the design and implementation of carbon tax and articulates on the prospects and challenges of designing and implementing it. The article postulates that in spite of the promising opportunities that carbon tax offers for regulating GHG emissions, the potentials of this climate-smart fiscal policy tool has not yet been explored within the framework of climate governance in Cameroon. The article finds that while the spirit of carbon tax is underpinned by relevant environmental law principles, there is a timid legal framework both at the international and national levels for using carbon to regulate GHG emissions in Cameroon. The article concludes with a recommendation of the strong need for Cameroon to introduce a carbon-tax system as one of the cost-effective measures to reduce the country’s GHG emissions by adopting a carbon tax legal instrument designed specifically to target major GHG emitters across dozens of economic sectors.
{"title":"The Legal Framework for Carbon Tax in Cameroon: Some Issues","authors":"Gideon Fosoh Ngwome","doi":"10.3233/epl-220002","DOIUrl":"https://doi.org/10.3233/epl-220002","url":null,"abstract":"This article builds a case in favour of using carbon tax as a cost-effective tool for regulating greenhouse gas (GHG) emissions as part of the climate change mitigation solution in terms of discouraging further GHG emission. Drawing on existing primary and secondary data, the article makes an assessment of the Cameroon’s legal environment for the design and implementation of carbon tax and articulates on the prospects and challenges of designing and implementing it. The article postulates that in spite of the promising opportunities that carbon tax offers for regulating GHG emissions, the potentials of this climate-smart fiscal policy tool has not yet been explored within the framework of climate governance in Cameroon. The article finds that while the spirit of carbon tax is underpinned by relevant environmental law principles, there is a timid legal framework both at the international and national levels for using carbon to regulate GHG emissions in Cameroon. The article concludes with a recommendation of the strong need for Cameroon to introduce a carbon-tax system as one of the cost-effective measures to reduce the country’s GHG emissions by adopting a carbon tax legal instrument designed specifically to target major GHG emitters across dozens of economic sectors.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44077317","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}
[...]he pleaded before the delegations of the UN member states to "lead us out of this mess". [...]the Stockholm+50 Conference remained a low-key affair for a variety of reasons. The remaining five contributions (Bharat Desai, Chris Blakes, Kirk Junker, Shailesh Nayak and Philippe Cullet) look ahead into the future for prospects of addressing various components of the challenge through the instrumentalities such as the repurposed UN Trusteeship Council as a global supervisory organ, working out the nuts and bolts of the circular economy, a reparative regime for climate-induced migration, finding solution for climate change risk to the wetland ecosystem services and some dimensions of the planetary health challenges.
{"title":"The Stockholm Moment","authors":"Bharat H. Desai","doi":"10.3233/epl-219042","DOIUrl":"https://doi.org/10.3233/epl-219042","url":null,"abstract":"[...]he pleaded before the delegations of the UN member states to \"lead us out of this mess\". [...]the Stockholm+50 Conference remained a low-key affair for a variety of reasons. The remaining five contributions (Bharat Desai, Chris Blakes, Kirk Junker, Shailesh Nayak and Philippe Cullet) look ahead into the future for prospects of addressing various components of the challenge through the instrumentalities such as the repurposed UN Trusteeship Council as a global supervisory organ, working out the nuts and bolts of the circular economy, a reparative regime for climate-induced migration, finding solution for climate change risk to the wetland ecosystem services and some dimensions of the planetary health challenges.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46832276","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}
The idea of the revival and repurpose to the United Nations Trusteeship Council (UNTC) is a pragmatic need to meet the needs of the changed times. Such repurpose entails entrustment of a new mandate to the revived UNTC that constitutes evolution of the trust in the global domain. It will be crucial restructuring and evolution of the UN with an understanding that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing for our better future. In a new avatar (form) the TC would in essence reflect the ‘sacred trust’ with a ‘new mandate.’ From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN and provide a big push to make the UN relevant for the needs of the present and future generations. It will essentially serve as a guardian of the global ‘common concerns’, ‘common heritage of mankind’ and the global environment. In the changed context, the UNTC need to serve as a trustee for betterment of the humankind and for the survival of the planet earth. The new mandate for the environment and the global commons could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together in 1945 with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.
{"title":"The Repurposed UN Trusteeship Council for the Future+","authors":"Bharat H. Desai","doi":"10.3233/epl-219039","DOIUrl":"https://doi.org/10.3233/epl-219039","url":null,"abstract":"The idea of the revival and repurpose to the United Nations Trusteeship Council (UNTC) is a pragmatic need to meet the needs of the changed times. Such repurpose entails entrustment of a new mandate to the revived UNTC that constitutes evolution of the trust in the global domain. It will be crucial restructuring and evolution of the UN with an understanding that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing for our better future. In a new avatar (form) the TC would in essence reflect the ‘sacred trust’ with a ‘new mandate.’ From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN and provide a big push to make the UN relevant for the needs of the present and future generations. It will essentially serve as a guardian of the global ‘common concerns’, ‘common heritage of mankind’ and the global environment. In the changed context, the UNTC need to serve as a trustee for betterment of the humankind and for the survival of the planet earth. The new mandate for the environment and the global commons could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together in 1945 with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43660911","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}
Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of “convergence” act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.
{"title":"Convergence in International Environmental and Natural Resources Law","authors":"O. McIntyre","doi":"10.3233/epl-219041","DOIUrl":"https://doi.org/10.3233/epl-219041","url":null,"abstract":"Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of “convergence” act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46719360","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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