The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-à-vis non-European competitors. Many additional measures have thus been ...proposed to ‘level the playing field’ and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels.
Full text
Available for:
GEOZS, IJS, IMTLJ, KILJ, KISLJ, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UL, UM, UPCLJ, UPUK
Numerous scientific reports have evidenced the transformation of the earth system due to human activities. These changes – captured under the term ‘Anthropocene’ – require a new perspective on global ...law and policy. The concept of ‘earth system law’ situates law in an earth system context and offers a new perspective to interrogate the role of law in governing planetary challenges such as climate change. The discourse on earth system law has not yet fully recognised courts as actors that could shape climate governance, while climate litigation discourse has insufficiently considered aspects of earth system law. We posit that courts play an increasingly influential climate governance role and that they need to be recognised as Anthropocene institutions within the earth system law paradigm. Drawing on a set of prominent climate cases, we discuss five inter‐related domains that are relevant for earth system law and where the potential influence of courts can be discerned: establishing accountability, redefining power relations, remedying vulnerabilities and injustices, increasing the reach and impact of international climate law and applying climate science to adjudicate legal disputes. We suggest that their innovative work in these domains could provide a basis for positioning courts as planetary climate governance actors.
Full text
Available for:
FZAB, GIS, IJS, KILJ, NLZOH, NUK, OILJ, SAZU, SBCE, SBMB, UL, UM, UPUK
Amid growing recognition of the need for supply-side policies which set limits on the further expansion of fossil fuel extraction and use, in this article we consider possible elements of a Fossil ...Fuel Non-Proliferation Treaty (FF NPT), behind which there is growing momentum. We elaborate on the possible institutional mechanisms, principles, procedures, and other elements of an FF NPT, by drawing on relevant precedents and parallels with other treaties and bodies of international law on the environment and other policy arenas, and proposals circulating in academic and grey literatures. We address in turn: the scope, objectives, and principles of an FF NPT; the three pillars of commitments under the treaty of (i) ending expansion, (ii) phasing out fossil fuels, and (iii) a global just transition; and options for implementation, including the review of implementation, compliance and effectiveness, a financial mechanism, institutional arrangements, and the role of non-state actors.
Full text
Available for:
GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
As countries negotiate a new climate agreement for the United Nations climate conference in December 2015, a groundswell of climate actions is emerging as cities, regions, businesses and civil ...society groups act on mitigation and adaptation, independently, with each other and with national governments and international organizations. The Paris conference provides a historic opportunity to establish a framework to catalyse, support, and steer these initiatives. Without such a framework, ‘bottom‐up’ climate governance runs the risk of failing to deliver meaningful results. Social science research highlights the need for a comprehensive approach that promotes ambition, experimentation and accountability, and avoids unnecessary overlaps. This article specifies functions and design principles for a new, comprehensive framework for sub‐ and nonstate climate actions that could provide effective coordination.
Through technical consultations with national governments, the framework will drive national climate aspirations, and will demonstrate proven approaches that allow for more ambitious national mitigation and adaptation commitments, particularly in subsequent rounds of nationally determined contributions and national adaptation plans and strategies.
Full text
Available for:
FZAB, GIS, IJS, KILJ, NLZOH, NUK, OILJ, SAZU, SBCE, SBMB, UL, UM, UPUK
Ensure open markets for clean technologies and products
Economic analysis has produced ample insights on how international trade and climate policy interact (
1
). Trade presents both opportunities ...and obstacles, and invites the question of how domestic climate policies can be effective in a global economy integrated through international trade. Particularly problematic is the potential relocation of production to regions with low climate standards. Measures to level the playing field, such as border carbon adjustments (BCAs), may be justified for specific emissions-intensive and trade-exposed sectors but need to be well-targeted, carefully navigating tensions that can arise between the desire to respect global trade rules and the need to elaborate and implement effective national climate policies. The conformity of specific trade measures with international trade and climate change law is not entirely clear. Yet, clarity is needed to ensure that the industry actors affected will find the rules predictable and be able to adhere to them.
Abstract
Transparency arrangements, in the form of regular reporting by nations and a review of the reported information, have become a backbone of international governance. They are often expected ...to bring about increased ambition and improved implementation to fulfill the aims of the multilateral agreement in which they are embedded. However, little is still known about how these arrangements result in such effects. In this article, we review compliance theories and use these to explain the various roles of transparency arrangements in changing state behavior. We distinguish between different compliance schools and show how they attribute subtly different functions to transparency. We examine these variations through the development of a framework made up of seven idealized causal pathways that offer plausible explanations for the mechanisms that allow transparency arrangements to induce state behavior change. We also illustrate how these pathways work in practice by providing several examples from existing multilateral transparency arrangements. In doing so, we seek to form a bridge between international regime theory, critical transparency studies, and empirical studies on the functioning of transparency arrangements in international governance.
The European Union's (EU) proposed Carbon Border Adjustment Mechanism (CBAM) underscores that the introduction of climate-motivated trade measures is no longer just a matter of academic debate. With ...countries ramping up domestic climate action at different speeds and levels of ambition, the likelihood of other countries following the EU's lead and adopting a border carbon adjustment (BCA)
1
of their own will only increase. International cooperation can help avoid a fragmented landscape of varying BCA designs, mitigate concerns about trade protectionism, and ensure that the further development of BCAs leads to stronger global action on climate change. Some countries have begun to show an interest in pursuing international cooperation involving joint trade measures through “climate clubs.” Yet such international cooperation also raises new questions concerning the legal form, the forum through which cooperation should be pursued, and the (normative) substance of any international agreement on BCAs. The answers to these questions matter not only for the development and implementation of BCAs, but may also affect the future trajectory of the international legal regime for climate change and trade.
Abstract
The 2015 Paris Agreement relies on Nationally Determined Contributions (NDCs) to outline each country’s policies and plans for reducing greenhouse gas (GHG) emissions. To strengthen global ...climate action and achieve the Agreement’s temperature goal, it is crucial to enhance the ambition level of NDCs every 5 years. While previous studies have explored the ambition of initial NDCs, limited research has delved into the factors driving the enhancement or lack thereof in NDCs’ emission reduction plans. This study employs a mixed-method design to investigate the determinants of NDC enhancement. First, we analyse the updated or revised NDCs of 111 countries using quantitative methods. Second, we conduct qualitative case studies focusing on Brazil and South Africa. Our findings reveal that countries that engaged in stakeholder consultations with civil society, business, and labour groups prior to developing their updated or revised NDCs were more likely to enhance their greenhouse gas reduction targets. These results are further supported by the case studies. South Africa conducted comprehensive consultations and submitted an enhanced GHG target, while Brazil, which did not arrange open consultations, did not improve its target. This study underscores the significance of comprehensive and transparent stakeholder engagement processes, highlighting their potential to drive enhanced NDCs. By involving diverse stakeholders, including civil society, business, and labour groups, countries can foster greater ambition and effectiveness in their climate action, ultimately contributing to the global effort to combat climate change.
PDF
