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Home Posts tagged "UNFCCC"

Bringing Deforestation before an International Court?

Published on December 6, 2019        Author: 

 

Deforestation is a key issue in the fight against climate change. In all areas of the world, forests are being transformed for different uses, all leading to a loss of forest cover “from 31.6 percent of the global land area to 30.6 percent between 1990 and 2015”. Recently, the Amazon fires have caused concern around the globe, not only because of their scale but also because of the importance of the Amazon for everyone, as one of the largest rainforests in the world, and therefore crucial for both mitigating climate change and hosting millions of species. Much concern has been raised at why such fires had intensified compared to previous years. Human-driven deforestation has been shown to be the main reason for the fires, and with less environmental oversight from the current Brazilian government, different political actors have pointed fingers at its responsibility. Brazil is not the only country where important forests are threatened. Other major forested areas in Western and Central Africa and South-East Asia are not spared from large-scale deforestation. The few original forests in Europe are also under threat.

Between legal and illegal deforestation, more forested territory is converted for various uses, from agriculture to mining. Moreover, many areas of major forests are inhabited by indigenous peoples, who suffer directly from the consequences of deforestation. President Bolsonaro has been very clear that he intends to use the land for economic prosperity as he claims that it is his sovereign power to do so. The tension between economic development and environmental protection is not specific to the Amazon and struggles over how to achieve economic development in the forested lands, with people already living and using those lands exist elsewhere too.

One rhetorical question arising from this dramatic situation is whether there are avenues to use the international judicial system to try to hold the states accountable for the deforestation happening in their territory. Is there a chance for interstate litigation to succeed? Read the rest of this entry…

 

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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