The Challenge for Public International Law

The Challenge for Public International Law Presented by: Professor James Dallas Norah Gallagher Date: 1 July 2020 Contents - Part 1 - The Science and the Problem (24 June) - Part 2 - The Challenge for Public International Law (1 July) - Part 3 - The International Legal Framework (1 July) - Part 4 - Climate Change Disputes (8 July) The Law and Climate Change - Equal billing but mitigation greater airtime. • Climate change  Mitigation o Global  Adaptation o Local • LAW  International  Domestic - As mitigation is a global issue, strategies to combat it are rooted in public international law. Sources of International Law - Article 38 of the Statute of the International Court of Justice - principal judicial organ of the United Nations • a) International conventions - treaties between states • b) International custom - customary international law • c) General principles of law recognized by civilized nations • d) Judicial decisions and the teachings of the most highly qualified "publicists" The Challenge - No supreme authority - sovereign states/equal powers - No legislative body - No effective court system - No enforcement authority/police - IUS cogens not applicable - customary law - generally too imprecise and develops too slowly - treaties - suffer from the effectiveness trilemma - Emitters / Perpetrators - Victims - Developed Countries - Developing Countries - Petro economies - Emerging - Least developed countries - Least affected - Most affected e.g. SIDs - Coastal - Landlocked - Stable Population - Growing Population - Technology rich - Technology poor - Agriculture - Transport - Power - Shipping - Political timeframe - Strategy timeframe - Social & development needs - Mitigation - Living population - Future generations - Local benefit (Adaptation) - Global benefit (Mitigation) - Countries with major Forests Part 3 The International Legal Framework United Nations Framework Convention on Climate Change - UNFCCC 1992 (in force 1994) - AIM: Climate change mitigation and sustainable development - Parties adopt measures to mitigate climate change - Transfer of environmental technology - Steps to promote renewable energy • No specific reference to renewable energy UNFCCC Objective Article 2 - Stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. Kyoto Protocol December 1997 - In force 2005 - Commits developed countries to binding mitigation targets - Transfer of environmentally sound technologies - Clean Development Mechanism (CDM) projects on renewable energy - Joint Implementation (JI) projects on renewable energy - CDM and JI • have been characterized by implementation and distribution problems Paris Agreement 2015 - In force November 2016 • 196 Parties have signed & 187 ratified - On 5 October 2016, the threshold for entry into force of the Paris Agreement was achieved - The Paris Agreement entered into force on 4 November 2016 • First session of the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement (CMA 1) took place in Marrakech, Morocco from 15-18 November 2016 IEA World Energy Report 2016 - Confirmed Paris Agreement: • 'Is at its heart an agreement about energy' Green Climate Fund - Set up 2014 - A global financial fund focused • On investments related to mitigation and adaptation initiatives • On support efforts of developing countries to respond to the challenge of climate change • Helps developing countries limit or reduce their greenhouse gas emissions and adapt to climate change - Works Program - Sustainable finance – not just green bonds Energy Charter Treaty 1994 - Article 19(1) • "...minimize in an economically efficient manner harmful Environmental Impacts occurring either within or outside its Area from all operations within the Energy Cycle in its Area... Accordingly • (d) have particular regard to Improving Energy Efficiency, to developing and using renewable energy sources, to promoting the use of cleaner fuels and to employing technologies and technological means that reduce pollution;