Development of international climate law, climate law principles

17 important questions on Development of international climate law, climate law principles

Who is IPCC, what is a legal action of them?

The climate change scientist group that in form [politicians. It started in 1988 their first legal activity was the UNFCCC

Kyoto protocol 1997 to which countries?

This is the first time a real binding emmission reduction target was adopted. Only annex 1 countries.

Goal kyoto? And was reduction really the goal?

Reduction target developed countries by 2012. This was the first step. Stabilization no large decrease.
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Why is kyoto still relevant, insturmnts

Paris agreement took over, but it is still relevant because it introducted legal instruments they could use.

- emission control, permission to emit.
-subsidy
- tax  
- ets
- joint implementation JI. Netherlands can finance project in other country and they can emit more.
- CDM: financed by annex 1 countries in developing countries. Hydrogen power in ecador financed and replace it.

FLEXIBLE INSTRUMENTS.

What happend in copenhagen in 2009?

Last change to save negiotations after kyoto protocol for a new framework. Biggest discussion was if we should keep focus on annex 1. China was emerging and was back then a developing country.

What was the end goal of paris agreement?

End goal was set, below 2 degrees
balance between emissions and removals of sinks :everything we emit has to be removed by nature. This can also be in technological ways.

Not reduce all emission only that you cant take out of the atmosphere.

What is the Paris agreement rulebook

It is very vague this gives more information. Loss and damges was also adopted into this.

Sources int. Law art.38 ICJ

- treaties (UNFCCC, Kyoto, Paris) confusing because paris agreement is vague.
- General principles of law. (No harm principle, environmental impact assesment.
- Decisions by ICJ, PCA.
- Soft law: non binding like the RIO Declaration.

What does the Kytoto protocol complaince mechanism do?

Countries could be santioned if they didnt go with the kyoto protocol.

There are enforcement issues difficult to enforce because, how to enforce

- security council only way to enforce
- complaince mechanisms
- States taking each other to court in bilateral conflicts.

In 2023 questions were asked to the ICJ why special?

They are always carfull not far reaching oblkigations.
Second question± legal consequences because it effects the small states and future generations? How to deal with th damage that has already taken place. This is mouch more interesting question. Liability: who has to pay.

Why is intergenerational principle difficult in courts?

Hard to say you are direcly damaged.impact will occur later so that is also diffcult. Nationa have rules to prevent damage so it is diffucult to argue you are damaged.Impact comes later. Emission has impact thirty years later.

Who and what are the interst ?Principle of intergenerational equity?

Most cases are done by children.

Colombia supreme court 2028

Future generations needs t be protected so the forest needs to be protected.

Maastrichyt principle futre generations

Its is private initiative no states involved so not even softlaw. But gives a lot of details on protection future generations.

Intra generational equity, what is it and how is it also called?

Intra genration justice within our generation for poor people or developing countries. Common but diffriated responsibility it is called. W all have joined responsibility to protected climate but rich states have to take th lead.

Why did precautionary lost relevance?

There is a lot of evidence no argument that there isnt enough. Not complety irrelevant. Still relevant in climate or geo engineering.

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