Climate Change and Sustainable Development: Special Context to Paris Agreement

Sharma, Preeti; Payal, Priyanka

doi:10.2139/ssrn.3356829

Cited by 2 publications

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“…This statement shows that the regime is still far from its main goal, which is to achieve sustainable environmental development. Overall, despite the fact that the world must commit to tackling climate change for a better sustainable development future, 108 binding commitments in this regard have not yet been formed.…”

Section: -2: Non-binding Commitment To a Transition To Sustainable Li...mentioning

confidence: 99%

The Legal Nature of the Climate Change Regime: Fluctuation between Lex Lata and Lex Ferenda

Turkamani¹

2023

Utrecht Journal of International and European Law

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International law is faced with the challenge between lex lata and lex ferenda in nature. Lex lata, based on legal positivism, has binding obligations and a top-down compliance structure, while lex ferenda, on the contrary, is based on non-binding values and bottom-up adherence architecture. Determining the legal nature of each regime is important because depending on its nature, the assessment of its efficiency will be different. The question is whether the evolution process of the climate change regime is towards lex lata or lex ferenda? Examining indicates that initially the Framework Convention, in terms of some indicators, was lex lata and in others it was lex ferenda. Subsequently, to address the shortcomings of the Convention, especially the lack of legally binding targets and timelines, the Kyoto Protocol shifted to a strong lex lata. Finally, due to the inefficiency of the Protocol arising from the institutional design failure, the Paris Agreement became a lex ferenda. Analyzing the Sharm el-Sheikh Implementation Plan (2022) indicates that the Regime is still mainly based on ideal values and non-binding commitments. For the future transformation of the Regime into an efficient lex lata, a gradual process, rather than a strong shift, shall be followed that is being done in the case of the fund for loss and damage that was previously lex ferenda and is becoming lex lata.

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Section: -2: Non-binding Commitment To a Transition To Sustainable Li...mentioning

confidence: 99%

The Legal Nature of the Climate Change Regime: Fluctuation between Lex Lata and Lex Ferenda

Turkamani¹

2023

Utrecht Journal of International and European Law

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International climate change negotiation: the role of Brazil

Conceição¹,

Rodrigues²,

Cordeiro³

et al. 2019

SustDeb

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The increase of greenhouse gases in the atmosphere raises the average temperature of the planet, triggering problems that threaten the survival of humans. Protecting the global climate from the effects of climate change is an essential condition for sustaining life. For this reason, governments, scientists, and society are joining forces to propose better solutions that could well-rounded environmentally, social and economic development relationships. International climate change negotiations involve many countries in establishing strategies to mitigate the problem. Therefore, understanding international negotiation processes and how ratified agreements impact a country is of fundamental importance. The purpose of this paper is to systematize information about how climate negotiations have progressed, detailing key moments and results, analyzing the role that Brazil played in the course of these negotiations and the country’s future perspectives.

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Climate Change and Sustainable Development: Special Context to Paris Agreement

Cited by 2 publications

References 1 publication

The Legal Nature of the Climate Change Regime: Fluctuation between Lex Lata and Lex Ferenda

The Legal Nature of the Climate Change Regime: Fluctuation between Lex Lata and Lex Ferenda

International climate change negotiation: the role of Brazil

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