May, J. and E. Daly, Global Climate Constitutionalism and Justice in the Courts, 2018.
Abstract: This chapter explores developments at the boundary between environmental constitutionalism and climate justice. We see two trends. First, a growing group of countries now expressly address climate change in their constitutions. Second, courts from diverse parts of the world are recognizing that governmental inaction in the face of climate change can abridge a right to a healthy climate as implied by an express constitutional right to life, dignity or due process, or the right to a healthy environment. These trends are likely reflective of an emerging worldwide phase in constitutional litigation.
Part II conceptualizes and contextualizes what has come to called ‘climate justice,’ that is, the social and economic consequences of the disproportionate effect of climate change. Part III details the extent to which countries have adopted express constitutional means to address governmental inaction about climate change. Part IV then reports on how courts have engaged these and associated provisions. We conclude that climate constitutionalism has significant potential for shaping how the rule of law can contribute to climate justice, especially at the domestic level.
Manga, S., "Post-Paris Climate Agreement UNFCCC COP-21: Perspectives on International Environmental Governance", African Journal of International and Comparative Law, 26, (2018), No.3, p. 309-338.
Abstract: This contribution presents a number of key assets on the road to a renewable energy global economy. Among these are science, technology innovation and green investment. The Paris Climate Agreement is also presented as a normative framework asset but the deal failed to establish measureable targets to follow up progress throughout its implementation process. This research points out the fact that such a failure is common to most environmental international instruments. The UNFCCC 21st COP which adopted the Paris Climate Agreement is indeed a demonstration once again of the incapacity of the COP mechanism to adopt suitable institutional arrangements to build up sustainability and resilience. It is suggested, however, that this very fact should raise among nations a collective conscience regarding the inadequacies of the current environmental institutions and forums. The international community is invited to seek a strong specialised institution with organisational status within the United Nations system to adopt decisions, environmental standards and sustainability indicators and to implement these autonomously for the sake of the preservation of life on earth for generations to come. To this end, this article shares the solution of resuming and concluding previous consultations and negotiations on reform of the international environmental governance within the United Nations system aiming at the creation of a World Environmental Organisation (WEO).
Winchester, N., "Can Tariffs Be Used to Enforce Paris Climate Commitments?", The World Economy, 41 (2018), No. 10, p. 2650-2668.
Abstract: We evaluate the potential of border carbon adjustments (BCAs) and strategic tariffs to compel noncompliant countries to meet emission reduction targets pledged under the Paris Climate Agreement. Our analysis employs a numerical economy‐wide model with energy sector detail and, given recent actions by the US administration, considers BCAs on US exports. We find that when the US does not restrict emissions and faces BCAs on its exports, US welfare losses are smaller than when the US meets its Paris commitments. Hence, BCAs are preferable for the US and cannot be used to enforce Paris climate commitments. The use of strategic tariffs, on the contrary, would result in a trade war and a larger welfare decrease in US welfare than when it meets its Paris commitments. Strategic tariffs also decrease welfare in countries that meet their Paris pledges. Accordingly, strategic tariffs, which are much higher than BCA rates, can be used to enforce Paris climate commitments if compliant countries are willing to incur welfare losses to punish non‐compliant countries.
Hermwille, L., "Making Initiatives Resonate: How can Non-state Initiatives advance National Contributions under the UNFCCC?", International Environmental Agreements : Politics, Law and Economics, 18 (2018), No. 3, p. 447-466.
Abstract: The international governance landscape on climate change mitigation is increasingly complex across multiple governance levels. Climate change mitigation initiatives by non-state stakeholders can play an important role in governing global climate change. The article addresses the relationship between intergovernmental and transnational governance processes in global climate governance. Particularly, the article aims to complement existing research on the role of “orchestration” by and through the UNFCCC process by focusing on how successful transnational initiatives can resonate within the intergovernmental negotiation process in order to inspire more ambitious climate action also on the part of national governments. This issue is addressed by systematically analysing interdependencies between transnational and international governance. Building on a structurational regime model, the article develops a theory of change of how and through which structuration channels non-state initiatives can contribute to changing the politics of international climate policy, traces existing UNFCCC processes and the Paris Agreement with a view to identifying inroads for a more direct feedback from non-state initiatives and derives recommendations on how and under which agenda items positive experiences can resonate within the UNFCCC negotiation process.