Read The Times Australia

Daily Bulletin

Will the Paris agreement be legally binding?

  • Written by: The Conversation Contributor
imageThe stage is set for a climate agreement - although it may be political rather than legal.EPA/Yoan Valat/AAP

The inability of previous climate summits, notably Copenhagen in 2009, to deliver a legally binding agreement led some people to declare those negotiations a failure. But in practice, this should not be the central criterion for gauging success.

In Paris, the outcome should be judged on how far it goes towards supporting countries to scale up existing emissions reductions and stay within the agreed 2℃ global warming limit. It is not necessary that the agreement be legally binding, as long as the outcome establishes a process for achieving the necessary scale of action.

At the Durban meeting in 2011, negotiators agreed to create “a protocol, another legal instrument or an agreed outcome with legal force” by the end of the Paris summit. This wording was deliberately chosen so as not to limit the options for how much legal force the agreement should carry.

There is now a growing recognition that the outcome will be either entirely political, or a hybrid approach consisting of a legally binding agreement relating to process and conduct (such as provisions on scaling up the mitigation pledges), but in which countries' emissions targets themselves are non-binding.

While a comprehensive treaty may seem ideal, in practice there is no necessary connection between the legally binding nature of an international agreement and its effectiveness in producing outcomes.

Legally binding treaties tend to encourage countries to make modest commitments in order to minimise their risk of non-compliance, or else to opt out entirely. The Kyoto Protocol was internationally binding but this came at a cost of reduced participation (the United States did not ratify it) and ambition (Australia’s Kyoto target, for example, actually allowed it to increase emissions, while developing nations were not given any emissions restrictions at all).

Ultimately, political will and state action are what makes an international deal effective, so the outcome in Paris should provide a basic framework that will support countries to scale up the emission reductions that they are already making, so that we can achieve the 2℃ goal as efficiently as possible.

Domestic action leads the way

Unlike the highly prescriptive Kyoto Protocol, the approach adopted in the run-up to Paris gives countries more freedom to choose their own climate targets (or in UN-speak, their Intended Nationally Determined Contributions, or INDCs) and to outline how they plan to meet them.

While not legally binding, INDCs are publicly available, so countries are accountable not only to other states but to a wide range of domestic and international stakeholders.

This is likely to lead to a more ambitious outcome in Paris, not least because the pledges are not “locked in” as they were under the Kyoto Protocol but are intended to be reviewed at regular intervals (the United States has suggested every five years), with the aim of ratcheting them up until the 2℃ goal can be met.

For this approach to succeed, however, the INDCs need to be underpinned by a core set of rules, preferably embodied in a legally binding agreement, or at least in decisions made by consensus by the Parties. These should cover processes for scaling up pledges, as well as procedures for monitoring, reporting and verifying countries' progress towards their targets.

At a minimum, the rules should also make it clear what industry sectors and greenhouse gases are included in a country’s climate pledge; the policies and laws it has passed (or intends to pass) to deliver it; and whether it proposes to use mechanisms such as international carbon trading.

Emissions trading

The new approach puts a much greater focus on mitigation within countries. As a result, the Paris outcome is unlikely to establish any new market mechanisms, as the Kyoto Protocol did. Yet many developing countries' INDCs state that their emissions pledges are dependent on buyers of international offsets from projects in their country.

Carbon markets will need to play a central role in transitioning the global economy, and the expansion of these key carbon markets will increasingly be led by alliances and “clubs” of willing countries and organisations, rather than being enshrined in UN protocols. One such alliance that has already emerged is the Carbon Pricing Leadership Coalition, which includes the World Bank, the International Monetary Fund, and global leaders such as German chancellor Angela Merkel.

We are entering a new era of international climate cooperation. It may be less legally standardised than the Kyoto era, but it is also likely to be more effective.

Katherine Lake ne travaille pas, ne conseille pas, ne possède pas de parts, ne reçoit pas de fonds d'une organisation qui pourrait tirer profit de cet article, et n'a déclaré aucune autre appartenance que son poste universitaire.

Authors: The Conversation Contributor

Read more http://theconversation.com/will-the-paris-agreement-be-legally-binding-48759

Business News

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...