JournalTOCs

Climate law
Journal Prestige (SJR): 0.372

Citation Impact (citeScore): 1
Number of Followers: 5

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1878-6553 - ISSN (Online) 1878-6561
Published by Brill Academic Publishers

[228 journals]

Accountability or Accounting' Elaboration of the Paris Agreement’s
Implementation and Compliance Committee at 23
- Authors: Christopher Campbell-Duruflé
  First page: 1
  Abstract: Source: Volume 8, Issue 1-2, pp 1 - 38This article provides an analysis of progress regarding the modalities and procedures for the Paris Agreement’s Implementation and Compliance Committee up to COP 23. I use the perspective of legal accountability to address three points of long-lasting divergence between parties: whether the Committee will be tasked to require parties to justify their performance by making specific reference to applicable legal standards; the contentious question of mandating the Committee to assess the progress of parties on the achievement of their NDC targets; and the involved party’s degree of control over the measures adopted. I conclude that a richer approach to accountability calls for granting a substantive role to practices of legal justification, assessment, and consequences within the modalities for the Committee in all three cases. Subject to political acceptance, such a mandate has the potential to foster parties’ sense of trust, reciprocity, and legal obligation toward one another.1
  PubDate: 2018-04-19T00:00:00Z
Towards an Effective Mechanism to Facilitate Implementation and Promote
Compliance under the Paris Agreement
- Authors: Sebastian Oberthür; Eliza Northrop
  First page: 39
  Abstract: Source: Volume 8, Issue 1-2, pp 39 - 69The article explores key aspects of the modalities and procedures of the Committee to facilitate implementation and promote compliance under Article 15 of the Paris Agreement. It focuses on five main issues under discussion in the international negotiations: overarching guidance to the Committee; the Committee’s functions; the scope of its mandate; the way in which matters may be referred to the Committee and proceedings initiated; and the outputs and measures available to the Committee. While recognizing the particular context and unique features of the Paris Agreement, our analysis draws on the experience available from several existing committees under other MEAs. In identifying design options for ensuring the Committee’s effective operation, we emphasize the importance of a balance of three main elements: the inclusion of an administrative non-party referral option based on information generated through the transparency framework under Article 13 of the Agreement or collected by the Secretariat; a full-range portfolio of facilitative measures; and several elements of overarching operational guidance to provide boundaries to the Committee’s discretion.1
  PubDate: 2018-04-19T00:00:00Z
Globalization’s Vehicle: The Evolution and Future of Emission Regulation
in the and in Comparative Assessment
- Authors: Jeffrey J. Smith; M. Tanveer Ahmad
  First page: 70
  Abstract: Source: Volume 8, Issue 1-2, pp 70 - 103Global aviation and shipping offer important lessons for the regulation of air pollution and greenhouse gas emissions. In a relatively short period, each industry has, through international organizations, achieved seemingly effective, universally adopted rules. This article explores the historical development and prospects for air-pollution regulation by examining and comparing state delegation of rule making to the International Civil Aviation Organization and the International Maritime Organization. It is argued that the success experienced in the regulation of the two industries’ air emissions would not have been accomplished without their multilateral organizations. That is because of the complexity of technical regulation and a lack of capacity in many states to design and implement regulations. The article examines the development of now-comprehensive air-pollution regulation by the two organizations. The lessons for regulatory design are canvassed, including for relevance to greenhouse-gas control and the emerging framework of global atmospheric protection. The question of how to assess the effectiveness of the regulation is considered in an effort to understand how progress in the two industries might be sustained. Improved regulation, it is concluded, will depend on the two governing regimes adopting measures from each other and ensuring that they are included in an emerging global atmospheric governance framework.
  PubDate: 2018-04-19T00:00:00Z
Beyond the ’s : Towards a More Climatically Effective Strategy for
Mitigation of Civil-Aviation Emissions
- Authors: Chris Lyle
  First page: 104
  Abstract: Source: Volume 8, Issue 1-2, pp 104 - 127Pursuant to a referral by the UNFCCC through the Kyoto Protocol, the International Civil Aviation Organization (ICAO) has developed a ‘basket’ of emission-mitigation measures for international aviation. Technical and operational measures proved inadequate to counter traffic growth, and finally, in October 2016, the ICAO adopted a framework for a market-based measure. The Carbon Offset and Reduction Scheme for International Aviation (CORSIA) is the primary emission-mitigation tool for international aviation. It aims at ‘carbon-neutral growth’ (CNG) from 2020 onward. Yet, even with an increased use of alternative fuels and comprehensive implementation of CORSIA, the ICAO’s basket of measures will not produce a reduction in global aviation emissions. This article describes the legal and governance framework and the implementation process of CORSIA, assesses the scheme’s potential contribution to climate-change mitigation, and proposes a derivative but more ambitious strategy. This would include incorporation of international aviation emissions in the NDCs of parties to the Paris Agreement and a more direct role for the UNFCCC in determining eligibility of emission units and alternative fuels, with the ICAO remaining accountable for monitoring, reporting and verification.1
  PubDate: 2018-04-19T00:00:00Z
, Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer,
and Andrew Higham
- Authors: Benoit Mayer
  First page: 129
  Abstract: Source: Volume 8, Issue 1-2, pp 129 - 132
  PubDate: 2018-04-19T00:00:00Z