- The Oxford Handbook of International Climate Change Law
- List of Abbreviations
- Notes on the Contributors
- International Climate Change Law: Mapping The Field
- Climate Change and International Law beyond the UNFCCC
- Science and Climate Change Law—The Role of the IPCC in International Decision-Making
- Economics and International Climate Change Law
- The United Nations Framework Convention on Climate Change—The Basis for the Climate Change Regime
- Compliance under the Evolving Climate Change Regime
- The Global Regime for Climate Finance: Political and Legal Challenges
- Precaution and Climate Change
- Principles and Emerging Norms in International Law: Intra- and Inter-generational Equity
- Common Concern of Humankind
- Human Rights Principles and Climate Change
- International Market Mechanisms
- Legal Frameworks for Linking National Emissions Trading Systems
- Carbon Leakage and the Migration of Private CO2 Emitters to other Jurisdictions
- National Measures and WTO Consistency—Border Measures and other Instruments to Prevent Carbon Leakage and Level the Carbon Playing Field
- The Design and Implementation of Greenhouse Gas Emissions Trading
- International Law and the Renewable Energy Sector
- Intellectual Property and Climate Change, with an Emphasis on Patents and Technology Transfer
- International Dispute Settlement
- Institutions and Expertise: The Role of Science in Climate Change Lawmaking
- Climate Change and Damages
- Human Rights and Climate Change: Broadening the Right to Environment
- Climate Change-related Displacement of Persons
- Climate, Oceans, and the Law of Special and General Adaptation
- Forestry and Agriculture under the UNFCCC: A Jigsaw Waiting to be Assembled?
- Climate Change and Disaster Law
- United States Climate Change Law
- Climate Change Policy and Law in China
- Climate Change Law and Policy in the European Union
- Climate Change Law and Policy in India
- Russian Law on Climate Change
- Brazilian Climate Change Law
- The Least Developed Countries and Climate Change Law
- Small Islands and the Big Issue: Climate Change and the role of the Alliance of Small Island States
Abstract and Keywords
This chapter discusses the various shortcomings of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. As a ‘framework convention’, the UNFCCC itself does not regulate climate change but only creates a basis for negotiating multilateral solutions. The Convention’s most evident weakness, as demonstrated during the Marrakesh Accords and the Copenhagen negotiations, is the dependence on the ability of the parties to reach the necessary agreement within a timescale. Complementary to the Convention, the Kyoto Protocol establishes quantitative emission restrictions to advanced industrial states, or Annex I parties. However, the Protocol only focuses on greenhouse gas (GHG) emissions rather than on consumption, a reason which led to Canada’s withdrawal. According to international governance scholar Oran Young, these problems emerge as a result of the climate change regime not being based on ‘principles of fairness’ that are broadly acceptable major players.
Alan Boyle is Professor of Public International Law at the University of Edinburgh School of Law, United Kingdom, and a practising barrister at Essex Court Chambers in London. He has acted as counsel in the Chile/EC Swordfish case, the MOX Plant arbitration, and the Pulp Mills case.
Navraj Singh Ghaleigh is Lecturer in Public Law at the University of Edinburgh and a barrister.
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