Engaging Developing Countries in the International Climate Change Regime. “Common but Differentiated Responsibilities”

Engaging Developing Countries in the International Climate Change Regime. “Common but Differentiated Responsibilities”
Author: Ronja Maus
Publisher: GRIN Verlag
Total Pages: 23
Release: 2017-03-07
Genre: Science
ISBN: 3668410666

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Seminar paper from the year 2011 in the subject Politics - Environmental Policy, grade: 1,7, University of Bamberg, language: English, abstract: One single state is not able to solve the global climate problems. Instead, only an international cooperation comprising as many states as possible can contribute to a protection of a collective good such as a stable climate. This term paper examines the international climate change regime. Keohane & Victor identify this institution as a “regime complex”, which compromises several institutional elements and initiatives such as, for instance, the UN Legal Regime, bilateral initiatives, clubs, experts assessments etc. (Keohane /Victor 2011: 10). In my term paper I will focus on the element of the efforts undertaken by the United Nations. Although nearly universal in membership and probably the most famous, its success is so far rather limited, Keohane & Victor even describing it as “ultimately symbolic” (Keohane / Victor 2011: 10). The reason for its ineffectiveness is that many states still refuse to engage and agree upon binding commitments. The biggest group of these defectors are the developing countries, who will be placed in special focus in this paper. My key question will be: How should the regime be designed to engage states into the endeavour of climate protection? For soundly answering this question, in a first my selected section of the climate change regime complex – the UN Legal Regime – will be presented. After that the theoretical background will be introduced; the Rationalist Cooperation Theory. Further two game-theoretical models are applied for examining issues of an international cooperation in the field of climate protection. Obstacles and reasons why some states refuse to cooperate can thus be explained. On the basis of the insights from this, this paper focuses on how the regime should be designed to guarantee an implementation of the goals of the climate change regime as well as the compliance of the treaty. How can reluctant states, especially developing countries, be engaged in an international climate change regime?

The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change

The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change
Author: Imad Antoine Ibrahim
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

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“Preventing future calamity requires not only agreement but action. Governments and other responsible groups are usually accused of reacting to crises rather than foreseeing and preventing them. We have an opportunity here to show that experts, scientists, lawyers, and governments can foresee potentially catastrophic dangers, and prevent them from happening.” This abstract demonstrates the philosophy, issues and objectives of Multilateral Environmental Agreements (MEAs) adopted since the 1970s. Climate change has been described as “the most challenging environmental issue of our time,” and one cannot help but associate this abstract with the construction of, what is called today, the climate regime. Following the process launched at the Rio Conference, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in May 1992 and a protocol to the Convention followed in 1997: the Kyoto Protocol. Back in 1992, in “common but differentiated responsibilities” (CBDRs), “common” meant that there is a universal responsibility to act for the benefit of “present and future generations." Thus, common responsibilities embody both the notions of “common concern” and “common heritage of humankind,” two notions “as old as international environmental law itself.” In other words, environmental issues such as climate change have too much of a universal impact for the response to be “solely a matter of domestic jurisdiction.” The CBDR principle is only an expression of differential treatment. Other expressions of differentiation are used in the climate regime and could take precedence in the future. It is parties' actual obligations that will matter to combat climate change. In order to do so, the climate regime must keep a balance between commitments and assistance. Indeed, although adaptation to climate change and assistance are truly important issues, one has to realize that the fight against climate degradation cannot be fought without commitments from stronger polluters to reduce their emissions. The notion of responsibility is central in CBDR but current contributions to climate change cannot be forgotten. COP22 which will be held in Marrakesh between the 7th and 18th of November 2016, will constitute a new opportunity for developed/developing countries to further debate and enhance the latter principle in the light of the commitments/assistance balance that must be maintained.

Climate Change and Developing Countries

Climate Change and Developing Countries
Author: Antonio G. M. La Viña
Publisher: Institute of International
Total Pages: 284
Release: 1997
Genre: Climatic changes
ISBN:

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Climate Finance

Climate Finance
Author: Richard B. Stewart
Publisher: NYU Press
Total Pages: 346
Release: 2009-11
Genre: Business & Economics
ISBN: 081474138X

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Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy. Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.

Global Climate Change

Global Climate Change
Author: John Iloabuchi Amadi
Publisher:
Total Pages: 391
Release: 2017
Genre: Climatic changes
ISBN:

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This thesis seeks to answer the research question: Has the international legal regime governing climate change been effective in transferring technology and providing financial assistance to developing countries? The main reference point or criterion for answering the research question as to “effectiveness” will be based on the deduction that the obligation placed on developed countries to transfer technology and render financial assistance to developing countries is fundamentally at the root of attaining the greenhouse gas stabilisation objective set by the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, among other objectives; and by extension the long-term temperature goal of the Paris Agreement. The scope of issues to be covered in the discourse to be undertaken in this thesis will be guided by the basic consideration that from the ultimate stabilisation objective of the UNFCCC flows other specific and general obligations and commitments of parties relating to mitigation, adaptation, technology, finance, capacity-building, transparency, etc. Thus, any employment of the term “stabilisation objective” ought to be interpreted as liberally as possible in the context of this thesis. This thesis will adopt the critical legal theory to argue that the treaty obligations placed on developed countries to transfer technology and render financial support to developing countries are supposed to be the main drivers of emission reduction and sustainable development in developing countries, if implemented. With cumulative greenhouse gas emissions from developing countries now projected to surpass that of developed countries in a couple of decades, current effort to support mitigation and sustainable development in developing countries becomes all more important thereby justifying an assessment of how the climate regime has fared so far in technologically and financially supporting the objectives of the UNFCCC, with specific reference to developing countries. This thesis will be divided into five chapters. Chapter one will further elaborate the research question and point out necessary limitations, define “developed” and “developing” countries for the purposes of this thesis, and set out the methodology and structure of the thesis. Chapter two will evaluate the international legal regime governing climate change with a view to finding out to what extent the regime has been effective in advancing the attainment of the stabilisation objective of the UNFCCC. Chapter three will undertake a detailed exploration of how the principle of common but differentiated responsibilities and respective capabilities (CBDRRC) has evolved in governing the relationships between developing and developed countries from the UNFCCC and Kyoto Protocol to the Paris Agreement, especially with respect to the main greenhouse gas reduction obligations of the parties, obligations pertaining to implementation, and obligations relating to technology transfer and financial assistance. Chapter four will undertake a critical assessment of the core provisions relating to transfer of technology, financial assistance, and sustainable development of developing countries, with a view to establishing their effectiveness or otherwise, using the stabilisation objective of the UNFCCC as the main criterion. The scope of the chapter will traverse the UNFCCC, the Kyoto Protocol, the Paris Agreement, and relevant Conference of the Parties (COP) decisions, and so on. The final chapter will sum up the key findings in the previous chapters, recommend how to strengthen the Paris Agreement, and propose and expound a tripartite framework that may hold the key to future effective governance, assuming the Paris Agreement does not lead to the desired transformation. Although this thesis will be predominantly argued from the standpoint of developing countries, necessary balance will be maintained throughout the discourse taking into account developments since the negotiation of the UNFCCC in 1992.

Emerging Principles of International Environmental Law

Emerging Principles of International Environmental Law
Author: Sumudu Atapattu
Publisher: BRILL
Total Pages: 564
Release: 2007-04-30
Genre: Law
ISBN: 9047440145

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Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction. While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies. The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues. Published under the Transnational Publishers imprint.

International Environmental Law

International Environmental Law
Author: Ulrich Beyerlin
Publisher: Bloomsbury Publishing
Total Pages: 457
Release: 2011-08-11
Genre: Law
ISBN: 1847317685

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International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.

International Climate Change Law

International Climate Change Law
Author: Daniel Bodansky
Publisher: Oxford University Press
Total Pages: 366
Release: 2017-06-08
Genre: Law
ISBN: 0191643149

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This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

Climate and Trade Policies in a Post-2012 World

Climate and Trade Policies in a Post-2012 World
Author:
Publisher: UN
Total Pages: 124
Release: 2009
Genre: Law
ISBN:

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Climate change represents more than just an environmental challenge--it is also a challenge to future economic development. Overlaps between climate change and trade policies are inevitable and are already evident. This publication provides a timely collection of short forward-thinking articles by leading experts on the relationship between trade and climate change policies. They closely examine the interplay between climate and trade policies and institutions and offer recommendations for promoting a mutually supportive relationship.

Climate Change and Human Rights

Climate Change and Human Rights
Author: Stephen Humphreys
Publisher: ICHRP
Total Pages: 127
Release: 2008
Genre: Climatic changes
ISBN: 2940259836

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