Small island developing states and international climate change negotiations: the power of moral “leadership”

Being at the frontline of climate change, small island developing states (SIDS) hold a serious stake in climate negotiations. However, these countries usually are marginalized in the international political arena, due to their lack of structural power. This paper explores the strategic influence of SIDS and its representative organization, the Alliance of Small Island States, in the negotiations leading to the Copenhagen summit of December 2009. Using the concepts of leadership and discourses, the position, strategies, and impact of SIDS are analyzed on negotiation processes and their final outcome, focusing on three core demands of small island countries at Copenhagen: a temperature rise limit of 1.5 °C above preindustrial levels, funding for adaptation, and a legally binding outcome. Results reveal that SIDS practiced entrepreneurial, intellectual, and environmental leadership strategies and especially made use of moral claims in the debate. Given their near absence of structural power, they managed to secure a surprisingly large part of “their” agenda and interests in the final Copenhagen Accord, especially through (discourse) coalitions with various other state and non-state stakeholders.     

What is adaptation to climate change? Epistemic ambiguity in the climate finance system

Over the past decade developed states have committed significant public financing for climate change adaptation. Much of this public financing flows through international development organizations. States have delegated the implementation and monitoring of adaptation to existing international organizations such as the World Bank, the United Nations Development Programme, and the Organisation for Economic Co-operation and Development. Scholars have noted that states delegate discretion to specialized organizations to perform a task on their behalf, but have not explored how uncertainties about the nature of the task affect delegation. This article addresses this gap by distinguishing the concept of epistemic ambiguity (when states are uncertain about the exact nature of a task) from strategic ambiguity (when states do not reach consensus over a task due to political differences) in order to address the question: how have states and international organizations defined and implemented adaptation activities? The question is answered through case studies of: (1) adaptation projects administered by the United Nations Development Programme and the International Organization for Migration in Kenya; and (2) states’ and international organizations’ attempts to develop methodologies for reporting adaptation financing. The case studies are based on: primary documents published by states and international organizations, secondary literature on climate finance, and interviews with adaptation experts. This article argues that states have not precisely defined adaptation, and that this is substantially due to epistemic ambiguity. It then identifies two consequences of epistemic ambiguity: a proliferation of activities labelled as adaptation, and difficulties tracking and monitoring adaptation assistance.     

The Bali Road Map: Can it Deliver an Equitable Post-2012 Climate Agreement for Small Island States?

The ambition and architecture of the post-2012 climate change regime will be critical to the survival of many small island developing nations, many of which are low-lying, vulnerable to the impacts of sea-level rise and exposed to increasingly frequent and severe extreme weather events. This paper highlights the key outcomes sought by the Alliance of Small Island States in the international negotiating process on the post-2012 regime and compares these calls with what has been achieved thus far. The paper concludes that while little progress has been made to date, useful avenues for progress do exist if only the political will can be found.     

The role of the Asia Pacific Partnership in discursive contestation of the international climate regime

After withdrawing from the Kyoto Protocol, the US Bush Administration and the Australian Howard Government pursued an international climate change policy focussed on voluntary international agreements outside the UN climate negotiations. This strategy included the formation of several climate agreements directed at technology development, including the 2005 Asia Pacific Partnership on Clean Development and Climate (APP). The APP provides a model for international climate change policy directed at voluntary national greenhouse gas intensity targets, technology development through sectoral public–private partnerships and technology diffusion through trade. This article situates the APP within these US and Australian inspired climate agreements formed outside the UN negotiations. Bäckstrand and Lövbrand’s (in M. Pettenger (ed.) The social construction of climate change: power knowledge norms discourses, 2007) discourse analysis in relation to the international climate negotiations is used to explore differences between the APP and UN climate treaties. We find the APP embodies a discourse of what we call ‘deregulatory ecological modernisation’ that promotes limited public funding to ease informational failures in markets for cleaner technologies and management practices. The deregulatory ecological modernisation discourse is a deeply intensive market liberal approach to international climate change policy, which contests binding emission reduction targets and the development of a global carbon market. The USA, Australia, Japan and Canada represented a core group of countries that used the APP to promote the deregulatory ecological modernisation discourse and thereby contest any deepening of developed nations' emission reduction targets for the post-2012 period. However, with changes of leadership and new parties in power in the USA and Australia, it appears that the deregulatory ecological modernisation discourse has lost ground compared to a reengagement with discourses supportive of developed country emission reduction targets and equity-based adaptation and technology transfer assistance for developing nations.     

Limiting costs or correcting market failures? Finance ministries and frame alignment in UN climate finance negotiations

Finance ministries are increasingly involved in UN climate finance negotiations, yet this development received very limited attention in the literature on climate finance or climate negotiations. It is not obvious from the literature on bureaucratic politics how these ministries will position themselves on climate finance: they may frame climate finance as expenditure to be limited or as an instrument for correcting the market failure of climate change. This paper investigates which frames have characterised the positions of finance ministries on key issues in the climate finance negotiations, and whether the use of a given frame corresponds to particular factors. Case studies of Denmark, India, Indonesia and the USA based on official documents and interviews show that the position of each finance ministry is generally consistent with one particular frame. The Indonesian and Danish finance ministries predominantly framed climate finance as a way of correcting a market failure. The Indian Ministry of Finance emphasised Common but Differentiated Responsibilities, which fits with the budget frame. The US Treasury’s position similarly fits with the budget frame while sharing elements of the market failure frame. Finance ministries that had the lead on climate finance were more likely follow the budget frame. The use of both frames cuts across the divide between industrialised and emerging economies. With the exception of the USA, left- and right-wing governments were equally likely to adopt either frame. These findings indicate that strengthening finance ministry forums built around the market failure frame can be a way of reducing norm fragmentation.     

The roles of non-state actors in climate change governance: understanding agency through governance profiles

Globalization processes have rendered non-state actors an integral part of global governance. The body of literature that has examined non-state actor involvement in global governance has focused mainly on whether and how non-state actors can influence states. Less attention has been paid to the comparative advantages of non-state actors to answer questions about agency across categories of non-state actors, and more precisely what governance activities non-state actors are perceived to fulfil. Using unique survey material from two climate change conferences, we propose that different categories of non-state actors have distinct governance profiles. We further suggest that the different governance profiles are derived from particular power sources and that agency is a function of these profiles. The study thereby contributes to a strand in the literature focusing on the authority of non-state actors in climate governance and broadens the methodological toolkit for studying the “governors” of global governance.     

Estimating age in Maori, Pacific Island, and European children from New Zealand

The islands of New Zealand are populated by persons of European, Maori, and Pacific Island extraction. The purpose of this research is to quantify the levels of dental maturation of each of these three populations, in order to obtain data that will be useful in forensic identification and age estimation. The sample consisted of 1383 orthopantomographs (660 males, 723 females) of 477 Maori, 762 European, and 144 Pacific Island children between the ages of 3 and 14 years. Each radiograph was digitized and the stages of mineralization of the seven left mandibular permanent teeth were assessed using the eight stages described by Demirjian. Values for 1, 3, 5, 50, 95, 97, and 99% confidence intervals are listed for each maturity score. Intra-observer reliability was evaluated using Bland-Altman's method on data from re-scoring one out of every 20 radiographs and standard dental maturation curves were constructed for the three populations by means of a quantile regression method. Despite the fact that quantile regression analysis showed that across the age group investigated there were differences between boys and girls, knowledge of the sex does not increase the accuracy of the age estimate, simply because the magnitude of the error of age estimation is greater than the difference between the sexes. Our analysis also shows that population divergence is most marked after the age of 9 years, with a peak difference seen at age 10.     

The Group of 77 in the international climate negotiations: recent developments and future directions

First, we describe and analyze the main set of G77 positions in the climate negotiations and the dynamics behind the emergence of these positions. While it is puzzling that the G77 has managed to maintain itself as a group in spite of internal differences along variables as prosperity, emissions and vulnerability to climate change, we claim that a core element behind this cohesion is that these countries share domestic governance problems as much as poverty and economic underdevelopment. Second, we discuss how recent trends of economic and political development in the third world influence the climate policy strategies of the G77 group in the future. The main factor here is the economicand social progress in states like China, India and Brazil, which separates them from the poorer and less powerful G77 states. Increasing heterogeneity along variables like governance, growth, and importance for the international economy is creating an increasing drive among the most successful G77 states towards bilateral agreements with industrialised powers. We do not foresee a departure from traditional G77 positions and membership by these states in the official climate negotiations or a departure from the Kyoto process, but an increasing reliance on bilateral agreements with industrialized countries that link considerations for energy security and the environment. The ability to gain these advantages without commitments may make these states less interested in adopting commitments for the post-Kyoto period. This is unfortunate for the LDCs and the AOSIS groups within the G77, who probably are most vulnerable to climate change.

Africa in the global climate change negotiations

The African Group of Negotiators (AGN) has become a much more significant bargaining coalition in the global climate change negotiations. It has been participating more proactively and on a much more significant scale, and, as a result, it has had a greater impact on bargaining outcomes, notably in Nairobi, Copenhagen and Durban. Yet, at present, the group remains poorly understood by both scholars and policymakers. Compared to other groups in the climate negotiations, such as the Group of 77 and Alliance of Small Island States, it has received relatively little attention. This paper fills this gap by tracking the evolution of the AGN over the course of the climate change negotiations. In the early years after the Earth Summit, it shows that the AGN faced tremendous difficulties pursing regional objectives effectively, largely due to a number of “internal” barriers to participation, which compounded the structural barriers that the continent faced by making it difficult to use “low-power” negotiating strategies such as coalition building, agenda-setting and persuasion. However, in recent years, the group has become much more proactive as a result of greater access to material, ideational and institutional resources. These have relieved, somewhat, the internal barriers that the group faced, making it possible for the AGN to negotiate much more confidently and effectively than before.     

Reforming the United Nations: What About the International Court of Justice?

In September 2005, the UN General Assembly adopted an ambitiouslist of reforms of the UN structure, mandate and agenda. Ifimplemented, it is going to be the most radical reform of theUN to date. Yet, the International Court of Justice, the principaljudicial organ of the organization, has been largely ignored.This Report suggests that States should take advantage of thereform-mood at the UN to consider also some essential reformsof the ICJ. These include: Should the Security Council be enlarged,then UN member States should consider expanding the membershipof the ICJ, too; judges should not be allowed to be re-electedand their tenure should be increased to 12 years; age limitsshould be introduced; the number of female candidates to beelected should be increased; intergovernmental organizationsshould have capacity to be a party in contentious proceedings;the new Human Rights Council and certain international courtsand tribunals should be given the power to request advisoryopinions.     

Turning the Tide: Recognizing Climate Change Refugees in International Law

Many of the debates surrounding the environmental, social, and economic implications of climate change are now well known. However, there is increasing concern over the extent to which those suffering displacement or forced migration as a result of climate change are protected. This article seeks to highlight the plight of such individuals and suggests how the current protection gap might be remedied. Present legal structures, such as the Refugee Convention and the framework for Internally Displaced Persons (IDPs), prove largely inadequate having been constructed for different purposes and being limited in their application. The alternative proposed in this article is a regionally oriented regime operating under the auspices of the UN Climate Change Framework. While both the Climate Change Convention and the Kyoto Protocol currently call for regional cooperation in respect of adaptation activities, it is argued there should be an explicit recognition of so‐called climate change refugees in the post‐Kyoto agreement that allows for, and facilitates, the development of regional programs to address the problem. Employing such a strategy would remedy the current protection gap that exists within the international legal system, while allowing states to respond and engage with climate change displacement in the most regionally appropriate manner.     

Greening the security council: climate change as an emerging “threat to international peace and security”

Climate change is a security problem that requires global solutions. Despite some important recent advances, current international responses to climate change are inadequate. This paper assesses whether the United Nations Security Council possesses sufficient legal authority to compel states to address the causes and consequences of climate change. While not advocating the immediate adoption of coercive measures, this paper initiates discussion of this issue, with the goal of developing an institutional framework within which to respond to this emerging threat, if necessary. The paper begins with a brief overview of the clear links between climate change and security, and the inadequacy to date of international remedial efforts. This is followed by a detailed analysis of Security Council legal authority, in particular the UN Charter, including a discussion of its evolving invocation in the context of non-traditional threats. Applying this legal framework to the specific issue of climate change demonstrates the substantial authority of the Security Council to take binding decisions relating to this subject, and its wide range of available enforcement measures, recognizing that political will to exercise and support this authority is required for any successful Security Council efforts to address climate change. The paper concludes that the Security Council has the legal authority to address the causes and consequences of climate change, and that its recent counter-terrorism and non-proliferation measures provide an illustrative institutional framework within which to address this emerging ‘threat to international peace and security’.

The European Union as a global climate leader: confronting aspiration with evidence

In rhetoric and action the European Union has attempted to be a global leader in forging solutions to confront the problem of climate change. Using unique survey data collected at five consecutive UN climate summits from 2008–2012, this article provides evidence on the extent to which the EU is actually recognized as a leader in the UNFCCC climate negotiations, investigates how perceptions of EU leadership have evolved overtime, and helps make sense of the role that the EU has played in recent negotiation outcomes. The survey’s findings show that recognition of the EU as a leader dropped sharply in 2009 at the COP 15 summit in Copenhagen, but has climbed again in subsequent years. The results reveal a fragmented leadership landscape in which the EU must share or compete for leadership with other actors, such as the USA and China, who hold drastically different institutional design preferences and leadership visions than those promoted by the EU. The article’s findings provide insight into the dynamics that both foster and frustrate the EU’s aspiration to lead the effort to reach a deal on a binding post-2020 climate change agreement in Paris at COP 21.     

Exploring the agency of Africa in climate change negotiations: the case of REDD+

Emerging climate change regimes, such as the mechanism for reducing emissions from deforestation and forest degradation (REDD+), are increasingly aiming to engage developing countries such as those in Africa, in sustainable development through carbon markets. The contribution of African countries to global climate negotiations determines how compatible the negotiated rules could be with the existing socioeconomic and policy circumstances of African countries. The aim of this paper is to explore the agency of Africa (African States) in the global climate change negotiations and discuss possible implications for implementing these rules using REDD+ as a case study. Drawing on document analysis and semi-structured expert interviews, our findings suggest that although African countries are extensively involved in the implementation of REDD+ interventions, the continent has a weak agency on the design of the global REDD+ architecture. This weak agency results from a number of factors including the inability of African countries to send large and diverse delegations to the negotiations as well lack of capacity to generate and transmit research evidence to the global platform. African countries also perceive themselves as victims of climate change who should be eligible for support rather than sources of technological solutions. Again, Africa’s position is fragmented across negotiation coalitions which weakens the continent's collective influence on the REDD+ agenda. This paper discusses a number of implementation deficits which could result from this weak agency. These include concerns about implementation capacity and a potential lack of coherence between REDD+ rules and existing policies in African countries. These findings call for a rethink of pathways to enhancing Africa’s strategies in engaging in multilateral climate change negotiations, especially if climate change regimes specifically targeted at developing countries are to be effective.     

Law reform in small states†

Law reform can be a complex and challenging process in any jurisdiction. Small states face additional challenges, and some advantages, associated with a small population and land area. This article looks at how law reform agencies in small states adapt the law reform process, and the particular significance of comparative research in that context. It goes on to outline how, despite the challenges, small state and jurisdiction law reform agencies have made very considerable contributions to the law. Finally, the article assesses the particular utility of co-operation between law reform agencies, including through regional associations.     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

Towards Institutional Symbiosis: Business and the United Nations in Environmental Governance

This article analyses the potentially symbiotic role of business and the United Nations (UN) in global environmental governance. Contending that a stronger and more coherent UN in the realm of the environment is in the interest of the business community, we focus on three main issues: what the UN needs to become stronger in environmental affairs; what business could provide on this behalf; and how business could benefit from a strengthened UN. We consider the current structural dilemmas of the UN environmental system, including concerns about institutional multiplicity and how these may affect business engagement. After reflecting on perceived and actual challenges and opportunities for business participation, we conclude with three substantive solutions towards more efficient collaboration. These solutions centre on the continuation of an interactive database begun by the Global Environmental Governance Project, a joint initiative of the Yale Center for Environmental Law and Policy and the College of William and Mary.     

Climate Change Meets the Commerce Clause: Obstacles and Alternatives for State and Local Responses to Climate Change

Abstract

Climate change is a global problem resulting from our aggregate emissions. The United States has failed to take significant action on a federal level to address our country’s contributions. There are options available at the state and local levels to reduce emissions and to prepare for the effects of climate change. However, the commerce clause and the doctrine of federal supremacy may bar states and municipalities from adopting those strategies. This article discusses tactics to circumvent those restrictions, and potential changes to commerce clause jurisprudence that would give states and municipalities greater flexibility to act where Congress has not.     

Reentry to What? Theorizing Prisoner Reentry in the Jobless Future

Academic research on “prisoner reentry” has been heavily focused upon experimental design and program evaluation rather than broader shifts in race and class relations or underlying economic change. Deeper theoretical attention to the subaltern context of prisoner reentry would offer a more balanced and comprehensive assessment of the challenges facing the highly-marginalized populations of former prisoners now increasingly the objects of “reentry” programming. This paper employs a sociology of punishment perspective to foreground recent scholarship on the prisoner reentry movement and to document the still nascent implementation of a “prisoner reentry” agenda, despite nearly two decades of effort. The paper argues that long-neglected needs of subaltern populations incarcerated over the past several decades in the United States should become a more central focus of prisoner reentry research. The paper highlights the work of several theorists to summarize three theoretical perspectives to help balance the “reentry” research agenda: prisoner reentry as neoliberal punishment; prisoner reentry as peculiar institution; and prisoner reentry as criminological scientism.     

No end in sight to cloning debate.

Since last August, Great Britain has allowed the cloning for research purposes. This fact has re-generated an existing debate, taking into account the prohibition of cloning of the UN, the States are debating whether cloning should be prohibited or in the contrary, it should also be admitted for reproductive purposes. This situation has generated an international uneasiness due to the lack of a universal consensus. This article analyses this situation, bringing the reader closer to the very controversial texts, such as the European Constitution and the UN Convention on Cloning.