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Home International Environmental Law Archive for category "Climate Change" (Page 2)

On the Paris Agreement’s Imminent Entry Into Force (Part I of II)

Published on October 11, 2016        Author: 

This is Part I of a two-part post.

Rapid Entry Into Force or the “Rush to Ratify”

The Paris Agreement will enter into force on 4 November 2016. The agreement requires the deposition of instruments of ratification or acceptance by at least 55 Parties to the UN Framework Convention on Climate Change accounting for at least 55% of global greenhouse gas emissions. With the latest ratifications by the EU, Canada and New Zealand respectively – only a couple of days after India deposited its instrument of ratification – these conditions were fulfilled yesterday, on 5 October 2016. By that day, 72 Parties to the Convention had deposited their instruments accounting in total for 56,75 % of total global greenhouse gas emissions. The agreement will enter into force 30 days from this day – less than a year since its adoption!

Such rapid entry into force arguably is record-breaking; unparalleled in multilateral treaty making – environmental or not.

The adoption of Paris Agreement in December 2015 was hailed as a victory of multilateralism; as a sign of hope that the states of this world can get together and cooperate in the face of a global commons challenge. Yet, in Paris negotiators were in the dark about how long it would take before the agreement would become law; an international treaty. Certainly no-one expected this to happen within less than a year or only a little over six months since it was opened for signature on 22 April 2016 in New York.

It was no small achievement that states managed to reach an agreement on such complex issue as climate change. Yet, garnering their political will behind its legal bindingness is a significant feat which calls for some reflection.

How was it possible? Read the rest of this entry…

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One Swallow Does Not a Summer Make, but Might the Paris Agreement on Climate Change a Better Future Create?

Published on July 25, 2016        Author: 

Note from Joseph Weiler, Editor-in-Chief of the European Journal of International Law:

I have invited Laurence Boisson de Chazournes, member of the EJIL Editorial Board, to write the Editorial for the latest issue of EJIL (Vol. 27 (2016) No. 2).

The Conference of the Parties in Paris in December 2015, with the subsequent adoption of the Paris Agreement on Climate Change, was a significant event, from both a political and a legal perspective. It is politically significant not least because it is the first universal agreement on climate change, involving 195 countries and the EU, to be adopted. However, the event was also legally significant for a host of reasons upon which this Editorial will touch. Overall, it represents an evolution in legal technique, especially with regard to the measures and procedures used to achieve the intended objective. Legal events like this are noteworthy in the way that they introduce innovations and provoke reflection.

The Paris Agreement is indeed an interesting legal creature. In trying to shape a better future than is foreseeable, if present consumption patterns of fossil fuels continue, the Agreement adopts a legal technique that breaks new ground. It envisages the elimination of the use of fossil fuel energy by the end of the 21st century. This would be quite an achievement, given that fossil fuel energy has shaped the economy of the 20th century in so many different ways. The Agreement is intended to come into force in 2020, and the objective it sets is to be achieved in the second part of this century, which is indeed several decades from now. It goes without saying that a great number of us will no longer be here when the goals of the Agreement are to be realized, and we are thus being asked to act for the generations to come. Interestingly, in addition to building a long-term future, the Agreement makes provision for meetings, as well as for tasks to be achieved at these meetings, in the near future. Some of these meetings will take place in 2018, 2023, 2025 and thereafter. The path to the longer-term objective is thus paved with the fulfilment of shorter-term commitments. Read the rest of this entry…

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Filed under: Climate Change, Editorials, EJIL
 
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Shipping and climate change: the IMO is making progress – though worryingly slowly

Published on May 3, 2016        Author: 

The Paris Agreement, which was adopted in the UN Climate Change Conference in December 2016 in Paris, does not include aviation and shipping in its regulatory framework. Acknowledging the global and complex nature of shipping activities, the Kyoto Protocol entrusted the reduction of GHG emission from marine bunker fuels to the International Maritime Organisation (article 2 (2)). One of the purposes of the IMO is to ‘encourage and facilitate the general adoption of the highest practicable standards in matters concerning the … prevention and control of marine pollution from ships’ (article 1 (a) of the IMO Convention), and its Marine Environment Protection Committee (MEPC) has the task of negotiating, adopting and amending international conventions, regulations and measures related to the protection of the marine environment. Since 1997, the MEPC has been actively engaged in discussions concerning the reduction of GHG emissions from ships and the elaboration of a legal framework for energy efficiency in the shipping industry as a means of tackling climate change. The IMO has adopted a number of measures to address these issues, but progress has been slow.

Despite encouragement from the former IMO Secretary General to ‘bring the spirit of the Paris Agreement to IMO’ and by the UN Secretary General to continue the momentum of the Paris Agreement, the response in the MEPC in its 69th Session which took place from 18-22 April 2016 was less enthusiastic, though some progress was made. This post discusses the recent discussions and negotiations in the IMO MEPC with respect to reduction of emissions from ships.   Read the rest of this entry…

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The power of 2°C: towards a new paradigm of international lawmaking?

Published on February 25, 2016        Author: 

The outcomes of the 21st Conference of the Parties (COP21) of the UN Framework Convention on Climate Change (UNFCCC) — the Paris Agreement — is widely lauded as a ‘historic’ achievement. It is still up for debate whether the new Agreement will really become a historical turning point that can lead us to a carbon neutral future, as some scientists criticised its empty promises and insufficient actions. However, one implication of the Paris Agreement is clearly ‘historic’ and should be celebrated — it is the most important international treaty adopted in the recent decade, agreed by 195 countries. Despite stagnation in international lawmaking observed by Pauwelyn, Wessel and Wouters (2014), the Paris Agreement under the UNFCCC shows that reaching a multilateral agreement is still possible. In addition to Prof Jorge Viñuales’ recent analysis, in this post I would like to discuss a key factor that makes the Paris Agreement ‘special’, i.e. a strong link between climate talks and numerical standards.

One shining star of the COP21 talks was the so-called 2-degree target — in order to prevent dangerous climate change, global mean temperature should not rise 2 Celsius degrees above preindustrial levels. The target was first recognised by the European Union (EU) in 1996 and has gradually proliferated into political debates and the public sphere (see Randall’s widely cited article for the history of the target). Now 2°C is literally everywhere in the news; CNN even has a special column called two degrees. One well-known achievement of the Paris Agreement is that not only it stresses the importance of keeping global warming ‘well below 2 °C’, but also pledges to ‘pursue efforts to limit the temperature increase to 1.5 °C’ (Article 2(1)(a) of the Agreement). 2°C has undoubtedly become the symbol of climate negotiations, and moving from 2 to 1.5 °C is considered by many as a major triumph.

Read the rest of this entry…

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The Paris Agreement: A Rejoinder

Published on February 16, 2016        Author: 

In his analysis of the recently adopted Paris Agreement, Professor Jorge Viñuales shed light on the main features of this new treaty. He concludes that, while the Agreement is not perfect, it is certainly ‘more than many of those who have followed the climate negotiations over the years realistically expected.’ I cannot but agree with this assessment: the Paris Agreement is probably the best that could be achieved at this place and time and, given the premises, its adoption as a treaty last December was almost miraculous. This post expands upon a couple of points raised in his analysis, focusing on the legal form of the Paris Agreement, its relationship with the UNFCCC and on the nature of obligations concerning the review of parties’ commitments.

Read the rest of this entry…

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The Paris Climate Agreement: An Initial Examination (Part III of III)

Published on February 8, 2016        Author: 

Editor’s Note: This is the last post in a series (see Part I and Part II) featuring Professor Jorge Viñuales’ analysis of the landmark December 2015 Paris Agreement. Professor Viñuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge Faculty of Law and the Director of the Cambridge Centre for Environment, Energy, and Natural Resource Governance (C-EENRG).

Implementation techniques

The main innovation of the Paris Agreement lies in its implementation techniques and, particularly, the ‘enhanced transparency framework for action and support’ established by Article 13. This mechanism, the first of its kind in global environmental governance, is the embodiment of the approach, followed since the launching of the ADP in 2011, according to which emission targets would be set domestically and measuring, reporting and verification (MRV) would be organised at the international level. It is, of course, not the only technique, as the Agreement also contemplates many others. For analytical purposes, I will make a distinction between information-based techniques, facilitative techniques and the management of non-compliance.

Read the rest of this entry…

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The Paris Climate Agreement: An Initial Examination (Part II of III)

Published on February 8, 2016        Author: 

Editor’s Note:  This is the second in a series of three posts that continues Professor Jorge Viñuales’ analysis of the landmark December 2015 Paris Agreement.  Professor Viñuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge Faculty of Law and the Director of the Cambridge Centre for Environment, Energy, and Natural Resource Governance (C-EENRG).

In yesterday’s post, I examined the context leading to the Paris Agreement, its basic legal structure and goals. ‘The Paris Agreement is appended as an Annex to the ‘Adoption of the Paris Agreement’, Draft Decision -/CP.21, 12 December 2015, FCCC/CP/2015/L.9 (‘Decision’). Today’s post proceeds to scrutinize the Agreement’s three main action areas.  Tomorrow’s final post discusses the implementation techniques applicable in the Agreement, and offers concluding observations.

Action areas

The Paris Agreement sets three main action areas, two of which – mitigation (Articles 3-6) and adaptation (Article 7) – are given particular weight, whereas the third – loss and damage (Article 8) – is more circumscribed, and perhaps even confined within narrow bounds.

Read the rest of this entry…

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The Paris Climate Agreement: An Initial Examination (Part I of III)

Published on February 7, 2016        Author: 

Editor’s Note:  This is the first in a series of three posts analyzing the landmark December 2015 Paris Agreement, authored by Professor Jorge Viñuales, the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge Faculty of Law and the Director of the Cambridge Centre for Environment, Energy, and Natural Resource Governance (C-EENRG).

Less is more, at least sometimes. The 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (‘UNFCCC’) resulted – against all odds – in the adoption of a ‘Paris Agreement’ (hereafter, “Decision”) which will be opened for signature on the 22 April 2016. (The Paris Agreement is appended as the Annex to the Decision.) The Paris Agreement is not perfect, but is more than many of those who have followed the climate negotiations over the years realistically expected.  My purpose here is not to provide a comprehensive analysis of this instrument. That will come in time, once the new Ad Hoc Working Group on the Paris Agreement (‘APA’) but also a number of other Party and ‘non-Party stakeholders’ (Decision, paras. 134-137).  have provided further details as to both the modalities of the different mechanisms introduced by the Agreement and the variety of nationally determined contributions and other actions pledged in connection with mitigation and adaptation. However, from the perspective of a lawyer and addressing an audience of lawyers, I thought it would not be without interest to provide an annotated snapshot of the legal architecture of the Paris Agreement.  Part I of these posts focus on the context that led to the adoption of the Paris Agreement and provides an original schematic of the Paris Agreement and the goals of the Paris Agreement.  Part II tomorrow will set out the three main components of the Paris Agreement’s architecture and offers concluding observations.  Finally, Part III will discuss the implementation techniques of the Agreement and offer concluding observations.

Read the rest of this entry…

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A “Legally Binding Treaty” or Not? The Wrong Question for Paris Climate Summit

Published on December 4, 2015        Author: 

Both media and negotiators are spending an inordinate amount of time on whether the Paris climate summit starting this week should lead to a “legally binding treaty”. For the EU Commission, it “must be”. For US Secretary of State John Kerry “definitely not”.

For realist scholars of international relations this obsession is puzzling. In the absence of an international police force, why care about whether a commitment is legally binding? For international lawyers, in contrast, it seems to confirm the self-standing moral authority of their discipline. Why else would politicians hackle about bindingness?

The Paris red herring

Yet, “to treaty or not to treaty” is really not the question. Paris will certainly be a treaty and not be a treaty. Read the rest of this entry…

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UN Climate Change Negotiations: Last Tango in Paris?

Published on November 10, 2015        Author: 

The Paris Climate Change Conference starting on 30 November 2015 is tasked to set the world on a path to address the greatest challenge to ever face humankind, by adopting a new climate agreement. It was hoped that agreement in Paris would bring an end to the impasse that has long affected international climate governance. However, the outlook for the conference is rather bleak. We are just a few weeks away from the conference, but Parties remain far from reaching any agreement. Negotiations under the body entrusted to draft the text of the Paris agreement, the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP), have abundantly shown that Parties’ views on how to tackle climate change still significantly diverge. At the end of the last ADP session before Paris, progress on the preparation of the text of the agreement remained limited. In fact, Parties even backtracked on the little compromise they had managed to achieve at earlier ADP sessions. This post reflects on the difficulties experienced in the work of the ADP and on their implications for the Paris conference.

Ever since 1992, Parties to the United Nations Framework Convention on Climate Change (UNFCCC) have attempted to agree on measures to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent ‘dangerous anthropogenic interference with the climate system.’ The international scientific body entrusted to assess climate change, the Intergovernmental Panel on Climate Change (IPCC), has indicated that such a level requires keeping the increase in global annual average temperature below 2° C as compared with pre-industrial times. Over twenty years after its adoption, however, the UNFCCC has struggled to keep the world within the limits indicated by the IPCC. In fact, global emissions of greenhouse gases have anything but diminished.

The reason international climate governance has proven to be such an intractable affair relates both to the enormity of the challenge at hand, as well as to the gaping disparity in States’ capacity to tackle climate change. The main instrument adopted to stabilize greenhouse gas concentrations in the atmosphere under the UNFCCC, the 1997 Kyoto Protocol, fundamentally acknowledged this gap. Building upon a static differentiation between ‘developed’ and ‘developing’ countries, the Protocol imposed binding emission reduction targets only on the first. With ever growing emissions in emerging economies, like China and India, however, the IPCC has repeatedly flagged that both developed and developing countries need to reduce their emissions.

To make matters worse, political will behind the Kyoto Protocol has significantly faltered. Read the rest of this entry…

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