Youth participation and agency in the United Nations Framework Convention on Climate Change

This article examines the participation and agency of young non-state actors (NSAs) in the United Nations Framework Convention on Climate Change (UNFCCC). It utilizes the constituency of Youth NGOs: YOUNGO, as a case study to examine the relationship between selection of participatory strategies, power sources (following Nasiritousi et al. in Int Environ Agreem Politics Law Econ 16(1):109–126, 2016), recognition and agency using ego and alter perceptions. It finds that young people’s selection of participatory strategies and power sources is shaped by the level of agency which they perceive to be available to them. When self-perception of agency is high, young participants offer constructive policy amendments which can lead to recognition and agency, though only within certain policy areas and the silos in which they are negotiated. When self-perception of agency is low, youth interpret this as lack of recognition, leading to efforts to assert their relevance and/or to challenge procedural legitimacy: neither of which are well received by decision-makers. In reality, several of the challenges faced by young participants are not structurally unique to their constituency; however, their lack of financial resources does hinder their ability to fully utilize modes of participation which previous studies have found to be beneficial to other NSAs, such as side-events. Financial constraints also restrict the ability of youth participants, many of whom are volunteers, to develop professional relationships with key actors over time, meaning that the level of agency developed by more established, better-resourced NSAs remains largely out of reach. These findings have implications for the understanding of NSA agency, which has previously been treated as homogeneous and raises further questions regarding procedural legitimacy of the UNFCCC and its role in mobilizing and empowering the next generation.     

气候变化的国际法发展:从温室效应理论到《联合国气候变化框架公约》

本文考察了温室效应理论对缔结《联合国气候变化框架公约》的决定性影响 ,并对《联合国气候变化框架公约》的基本法律原则 (规则 )及其对国际环境立法的贡献进行了述评。     

Challenges and Outcomes at the Ninth Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change

From 1 to 12 December 2003, the Ninth Session of the Conference of the Parties to the United Nations Framework Convention took place in Milan, Italy. This conference continued the laborious effort of developing an international climate regime by preparing for the Kyoto Protocol’s entry into force. Some two dozen decisions were adopted on a wide range of options for responding to climate change. This paper assesses the progress achieved at the conference on a number of issues. Among these were operational details for implementing forestry projects under the Convention’s Clean Development Mechanism, and guidelines for reporting on greenhouse gas emissions and removals from agriculture, forestry and land-use change. Parties also decided on rules with respect to two funds, the Special Climate Change Fund and the Least Developed Country Fund. With respect to developing countries, Parties continued discussions on rules for building response capacity in light of the expected adverse effects of climate change and transferring environmentally sound technology. They also discussed how to incorporate scientific advice from the Third Assessment Report of the Intergovernmental Panel on Climate Change into the negotiations. Although Russia did not ratify the Kyoto Protocol prior to the conference, Milan demonstrated momentum and interest among Parties to support the climate regime. Nevertheless, it is doubtful whether the detailed discussions were able to contribute to preparing for the long term. To this end, this paper concludes that more discussion and leadership is required to bridge the North/South gap if a post-2012 climate regime is to stand.     

The United Nations Convention on the rights of persons with disabilities

The United Nations Convention on the Rights of Persons with Disabilities, which came into force on 3 May 2008, marks the culmination of over five years of negotiations between States Parties and non-governmental organisations as to what constitute the human rights of and governmental obligations to individuals with disabilities. It differs from other Conventions in that, while it still sets out general rights, it also details the steps that should be taken to ensure equality of treatment. This column provides a general overview of the Convention, focusing in particular on Art 25 which sets out the right to health and Australia's obligations under the Convention.     

《联合国海洋法公约》下的自愿与强制调解

谈判、仲裁和司法裁决是和平解决海洋争端的常用方法。实践表明,谈判有很大难度,而仲裁和司法解决有比较大的不可预测性和不可控性。调解居于仲裁(含司法解决)与谈判中间,程序上有像仲裁之处,实质上是谈判的辅助措施,且有可控性,其成果除了双方届时接受以外,不具有约束力。《联合国海洋法公约》鼓励争端各方采用自愿调解,规定排除于有约束力程序管辖外的一些争端可以诉诸强制调解,并且对自愿与强制调解的程序作了一定的规定。     

The Implementation of the UN Framework Convention on Climate Change in a Non-Party State: Taiwan

This article introduces the implementation of the Framework Convention on Climate Change in a non-Party state: Taiwan. It examines the reasons why Taiwan as a non-Party decided to voluntarily comply with the FCCC. The institutional and legal settings for an effective implementation, as well as the implementation strategies put forward by the Taiwanese academics and manifested by the government will be discussed. Critique of the implementation strategies pursued by the government, and external and domestic obstacles for an effective implementation will be investigated as well.     

《气候变化框架公约》履行的环境法解释与方案选择

《气候变化框架公约》及其议定书是人类应对气候变化所制定的总体规划和实施细则,但是,由于其和其他环境法公约一样具有环境法的"软法"特质,一些《气候变化框架公约》的履行机制出现了许多值得探究的边白。以"震慑型"方案还是"激励型"方案为主,需要从《气候变化框架公约》的履行理论切入,深入剖析,对此两种方案进行理论、实证博弈分析,得出《气候变化框架公约》履行方案的应有选择,为今后其他国际环境条约的履行提供相关指导。     

《联合国反腐败公约》视域下我国反腐败法律举措的完善

《联合国反腐败公约》是联合国历史上通过的第一部指导国际反腐败斗争的法律文件,也是迄今为止第一个关于治理腐败犯罪的最完整、最全面而又广泛、创新性的国际公约。该公约已在我国生效。国际公约的国内法化是落实公约内容的最佳路途。以该公约为衡量标准,重新审视我国刑法关于腐败犯罪的规定,可以窥见在罪名、犯罪主体、实行行为、刑种设定及预防举措等方面存在着一定差距。剖析该公约关于反贪污贿赂法律的规定和适用,以此为鉴,提高我国反腐成效。     

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense as to how that is to be implemented. After providing an introduction to the Convention, the paper considers four specific areas: mental capacity law (focussing on the provisions of the Mental Capacity Act 2005), psychiatric treatment without consent, civil detention of people with mental disabilities, and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility).     

The United Nations Convention on the Law of International Watercourses: A Frameworkfor Sharing

Netherlands International Law Review -     

《联合国反腐败公约》与我国反洗钱立法的完善

《联合国反腐败公约》对洗钱犯罪作了规定,我国现行《刑法》对洗钱罪的规定与《公约》存在较大差异,从而使我国对洗钱罪及其上游犯罪的预防和打击的效果受到影响。我们有必要对洗钱罪的犯罪构成要件作深入的研究并根据《公约》的规定完善我国关于洗钱犯罪的立法。     

Multi-Stage: A Rule-Based Evolution of Future Commitments under the Climate Change Convention

This article presents the regional emission targets corresponding to different climate regimes for differentiating commitments beyond 2012 on the basis of the Multi-Stage approach. This approach assumes a gradual increase in the number of Parties involved and their level of commitment according to participation and differentiation rules. The analysis focuses on two global greenhouse gas emission profiles resulting in CO₂-equivalent concentrations stabilising at 550 and 650 ppmv in 2100 and 2150, respectively. Three Multi-Stage cases have been developed in order to assess different types of thresholds. These share three consecutive stages representing different commitments: stage 1 – no quantitative commitments; stage 2 – emission–limitation targets and stage 3 – emission reduction targets. The analysis shows that by 2025 all three cases result in emission reduction objectives for all Annex I regions of at least 30–55% below their 1990 levels for 550 ppmv, whereas for 650 ppmv target they range from 0 to 20%. Furthermore, early participation is required of the major non-Annex I regions through emission limitation targets i.e. before 2025 and 2050 for the 550 and 650 ppmv targets, respectively. The first participation threshold for adopting emission–limitation targets on the basis of a capability–responsibility index (as introduced here) can provide for a balanced and timely participation of non-Annex I regions. Major strengths and weaknesses of the climate regimes are discussed and important obstacles and pre-conditions for their feasibility and acceptability are highlighted.     

The United Nations,the United States,and the War on Terrorism

Since the moment the United Nations was created, the Americans have had certain expectations of it, which logically follow from their past.     

《联合国反腐败公约》资产追回机制与我国刑事诉讼法的完善

《联合国反腐败公约》是联合国历史上第一部指导国际反腐败斗争的法律文件 ,它包含了大量的刑事司法规定 ,其中核心部分是资产追回机制 ,而这方面我国刑事诉讼法的规定很欠缺。为了加强反腐败的力度以及完善我国刑事诉讼法 ,有必要参照《公约》对我国刑事诉讼法作相应的修改 ,以期更好地开展反腐败的国际合作 ,最大限度地追回腐败犯罪所得。     

《联合国国家及其财产管辖豁免公约》--一个并不完美的最好结果

2004年12月2日,第59届联合国大会以不投票的方式正式通过了<联合国国家及其财产管辖豁免公约>(以下简称<公约>),这是国际社会一个期待已久的成果.从内容上来看,<公约>并不是一个十分令人满意的完美文本,<公约>的许多规定和条款都是各种复杂问题及冲突利益之间小心平衡和艰难谈判和妥协的产物,但这从另一个角度而言,它似乎又是一个目前能为各方所广泛接受的最好结果.<公约>通过后,国际社会普遍给予了肯定的评价.本文拟就<公约>中几个主要方面的内容与问题作一扼要评述,以期我国有关部门在今后制定相关国内立法以及批准和履行<公约>时予以注意.