Trump's Promise: Withdrawing from the Paris Climate Agreement

On June 1^st, 2017, President Trump announced that the United States will be withdrawing from the Paris Climate Agreement, a move he has promised to make since his early campaign days. This move came as a shock to many people all over the world. The Paris Agreement is the world's first comprehensive climate agreement that aims to take proactive measures towards global warming. In order to fully understand this withdrawal, we must familiarize ourselves with its parent-treaty, the United Nations Framework Convention on Climate Change, and the constitutional precedent involved with such a change.     

Managing global change for sustainable development: technology,community and multilateral environmental agreements

The purpose of this paper is to consider how international law has sought to mediate between the promotion of environmentally sound technologies and local community participation. It will be suggested that the paradigm of sustainable development presents the most sensible framework through which to consider these issues. The paper will then present three short case studies centred around various aspects of the ongoing implementation of the Rio Conventions, namely the endorsement of sequestration activities within the 1992 UN Framework Convention on Climate Change, the development of an access and benefit sharing framework under the 1992 Convention on Biological Diversity and further encouragement of community participation in the 1994 UN Convention to Combat Desertification. In conclusion, the paper will suggest that community participation must be given comparable status with the promotion of technological advances if long-term success is ever likely to be attained.

Carbon dioxide capture and storage—liability for non-permanence under the UNFCCC

Carbon capture and storage (CCS) has recently been gaining more and more attention as a climate change mitigation option. However, as CO₂ may re-enter the atmosphere after injection into geological reservoirs, the question of long-term liability has to be considered if an environmentally sound policy is desired. Apart from this aspect, additional complexities arise from the fact that CO₂ capture and storage can be carried out in two different countries. A classification of CCS cross-border activities shows that not all cases with non-Annex I participation fall under the Clean Development Mechanism. This classification is based on the assumption that according to Article 1.8 of the Framework Convention on Climate Change, CCS would be considered an emission reduction at the source. Furthermore, we elaborate on the problem that seepage of CO₂ from reservoirs located in non-Annex I countries—under current rules—would not be subtracted from the emission budget of any country. We discuss options for creating liability in these cases.     

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.     

Seizing the opportunity: tackling fossil fuel subsidies under the UNFCCC

Analyses from international and nongovernmental organizations have pointed to the negative environmental, economic and social implications of the sizable subsidies handed out by governments for the production and consumption of fossil fuels. Given their relevance for achieving climate policy objectives, it is perhaps surprising that the climate regime established by the United Nations Framework Convention on Climate Change (UNFCCC) does not address fossil fuel subsidies. This article discusses the possible role of the UNFCCC in tackling fossil fuel subsidies. It suggests that the UNFCCC could enhance the transparency around fossil fuel subsidies and put in place incentives for countries to undertake subsidy reform. However, the possibilites under the UNFCCC will be limited by political barriers to subsidy reform at the national level and will need to be carried out in coordination with other international institutions active in the field.     

The convention on the conservation of European wildlife and natural habitats (Bern, 1979): Procedures of application in practice 1

Abstract

The Convention on the Conservation of European Wildlife and Natural Habitats was signed in Bern, Switzerland in 1979 and came into force on 1 June 1982. Over the past 20 years, various mechanisms have been developed to monitor the implementation of the Convention and to improve its effectiveness. The purpose of diis article is to examine the application of these mechanisms and assess die effectiveness of the Convention as a tool for biodiversity conservation.     

Elements for a Robust Climate Regime Post-2012: Options for Mitigation

This article addresses the current state of negotiations within the international climate change regime (including the United Nations Framework Convention on Climate Change and its Kyoto Protocol) and options to be included in a post-2012 carbon market framework, such as sectoral agreements, soft targets for developing countries and a larger consideration of sinks. The article reviews the different options focusing on their potential to spur mitigation of greenhouse gases in key areas such as energy production. The size and depth of the carbon market, as well as the stringency of the cap and the stabilization path chosen, are variables affecting the effectiveness of different options. The article thus makes a clear case for all large emitters to agree on a long-term stabilization goal to guide further negotiations on medium-term carbon market frameworks, and notes that options related to the consideration of sinks, for example, should maintain proportionality with the size of the carbon market to ensure that a sufficient 'pull' for technological developments in energy-related activities is maintained.     

Framework for the future? Exploring the possibility of majority voting in the climate negotiations

The United Nations Framework Convention on Climate Change (UNFCCC) is struggling in its attempts to address the threat of anthropogenic climate change and create an effective international climate agreement. A substantial part of the problem is consensus decision-making within the Convention. Majority voting is a potential alternative which is already being discussed within the UNFCCC. A comparative analysis of consensus and majority voting suggests that majority voting is superior in terms of both efficiency and effectiveness by allowing for quicker decision-making and semi-global approaches to a climate agreement (termed here as “Critical Mass Governance”). This paper aims to investigate how majority voting could be implemented in the UNFCCC and to consider politically feasible and effective approaches to voting arrangements for the Convention. There is a legal opportunity to introduce voting through adoption of the draft Rules of Procedure, but this faces political opposition. A type of Layered Majority Voting with larger majorities for financial and substantial matters is considered to be the optimal approach in balancing political feasibility and effectiveness. For now, voting is not politically feasible for the UNFCCC, but could be introduced into future bodies or treaties under the Convention.     

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.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

Institutional diffusion for the Minamata Convention on Mercury

A trinity composed of legally binding regulations, an independent financial mechanism, and a compliance mechanism characterizes the institutional design of the Minamata Convention on Mercury. Meanwhile, few existing environmental treaties feature an independent financial mechanism as well as a compliance mechanism. Why did the Minamata Convention acquire two mechanisms? There are two rival hypotheses on uncertainty about institutional consequences and international agreements. The rational design school posits that countries can predict institutional consequences by acquiring all pieces of relevant information and views the trinity as a rational design to enhance developing countries’ regulatory capabilities under strict compliance. In contrast, the institutional diffusion school assumes that countries have limited information-processing abilities and use cognitive heuristics in designing institutions and argues that countries designed the trinity by learning from existing cases. In this paper, I compare the negotiations process of the Minamata Convention with that of the Stockholm Convention on Persistent Organic Pollutants (POPs). To test the hypotheses, I examine how countries resolved informational uncertainty in both negotiations by utilizing negotiations records and personal interviews with key officials as data. The analytical results support the institutional diffusion hypothesis by indicating that the trinity within the Minamata Convention is a product of countries’ heuristic and incremental learning from existing treaties.

     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.     

EU Accession to the ECHR: Between Autonomy and Adaptation

After the European Union's accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for, and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe, and the likely practical effect of the EU's accession for its Member States.     

Increasing Participation and Compliance in International Climate Change Agreements

Scientific and economic consensus points to the need for a credible and cost-effective approach to address the threat of global climate change, but the Kyoto Protocol to the U.N. Framework Convention on Climate Change appears incapable of inducing significant participation and compliance. We assess the Protocol and alternative policy architectures, with particular attention to their respective abilities to induce participation and compliance. We find that those approaches that offer cost-effective mitigation are unlikely to induce significant participation and compliance, while those approaches that are likely to enjoy a reasonably high level of implementation by sovereign states are sorely lacking in terms of their anticipated cost effectiveness. The feasible set of policy architectures is thus limited to second-best alternatives.     

Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’

The Council of Europe Convention on Cybercrime,¹ referred to as the Budapest Convention on Cybercrime, has been diffused globally, and is serving as a benchmark or a ‘model law’ for drafting national cybercrime legislation in many countries worldwide. This paper argues that, through the mechanism of ‘state socialization’ combined with incentives, e.g. assistance in building law enforcement capacity, the diffusion of the Budapest Convention has had a profound influence on the development of cybercrime legislation in a number of Pacific Island Countries (PICs).² Some PICs have expressed their great interest in acceding to the Convention and ‘imported’ several provisions from the Convention. This article, nevertheless, contends that these PICs do not seem to consider carefully whether the ‘imported’ law is applicable to their existing law enforcement capacity. It is evident that various domestic factors, such as lack of resources, have deterred the enforcement of cybercrime laws in these countries. As the result, although those PICs would have adequate cybercrime laws ‘on the books’, ‘law in action’ is still feeble.     

Jurisdiction for Consumer Contracts: European Union: Modified Rules of Jurisdiction for Electronic Consumer Contracts

The Brussels Convention on Jurisdiction and the Recognition of Judgments in Civil and Commercial Matters (the Brussels Convention) is to be replaced in 2002 by a Community Instrument: The Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Regulation).¹ The Regulation is an important measure approved by the European Union to simplify rules of jurisdiction and recognition of judgments for the benefit of the Internal Market. Amongst other matters, the Regulation updates existing jurisdiction rules for a consumer contracts. The rules for consumer contracts apply where a consumer and a business are domiciled in a Member State or the business has a:“branch, agency or other establishment” in a Member State. Importantly, the Regulation clarifies jurisdiction rules for consumer contracts conducted over the World Wide Web (WWW). These rules are to be welcomed, as they provide guidance on what rules of jurisdiction apply to consumer contracts over the Web, albeit that they are limited to where the parties are domiciled in Europe. This article outlines the rules of jurisdiction for consumer contracts provided by the Regulation, and where appropriate, highlights some aspects of the new rules that will possibly require further discussion and clarification by the European Court of Justice once the new rules are in force.     

Conflict or compatibility? The trade,conservation and animal welfare dimensions of cites

Abstract

While analysis of the effectiveness of the Convention on International Trade in Endangered Species (CITES) often focuses on its ability to ensure sustainable trade in the species it regulates, the treaty also contains many provisions intended to ensure the welfare of species introduced into international trade. While such provisions serve salutary objectives, they are often complied with only in the breach. Efforts should be made by the Parties to CITES to ensure implementation of the animal welfare provisions of CITES through stricter enforcement measures, enactment of national legislation and an interpretation of treaty provisions that furthers the underlying welfare objectives of the Convention.     

Climate Change,Wildlife Movement and the Law: A Case Study from New Zealand

The United Nations Framework Convention on Climate Change mandates parties to prepare for adaptation to climate change. This is of direct relevance to the management of wildlife. Climate change is likely to alter and/or expand the habitats of wildlife and may make the conditions within existing habitat ranges unsuitable for the continued existence of a species. Of necessity, efficacious adaptation must attempt to address this likelihood. Using New Zealand as a case study, this paper considers the range of present legal instruments that might be utilized within that nation to manage the movement of wildlife and identifies any lacunas that should be addressed. The conclusions will be of interest to any nation wishing to protect wildlife from the adverse effects of climate change.     

The convention on biological diversity: Ten years on and the strategic plan

Abstract

The Conference of the Parties to the Convention on Biological Diversity (Convention) has taken 114 decisions and launched programmes of work to address five biome‐based themes and thirteen cross‐cutting issues. The challenge for the Convention now is to demonstrate, through action and deed, that it is an effective vehicle for implementing this policy. In response to this challenge, the Conference of the Parties at its fifth meeting, in May 2000, decided to initiate a process to develop a Strategic Plan for the Convention that would provide an important mechanism for the implementation of this policy. This Note, which is an abridged version of document UNEP/CBD/MSP/2, has been prepared to assist participants in this Conference to provide more focused suggestions for the development of the Strategic Plan for the Convention.