APA Citation
Mayer, B. (2018). The International Law on Climate Change. Cambridge University Press. https://doi.org/10.1017/9781108304368
Chapter Summary
Chapter 1: Introduction
This chapter provides an overview of climate change, focusing on the greenhouse effect, anthropogenic greenhouse gas emissions, their impact on the atmosphere, and the subsequent consequences for the environment. It introduces the concept of international climate change law, discussing its evolution and the role of various international agreements and conventions, particularly the United Nations Framework Convention on Climate Change (UNFCCC). The chapter sets the stage for the book by outlining the scope and structure of international law as it pertains to climate change.
Chapter 2: The Rationale for International Action on Climate Change
Here, Mayer delves into the reasons behind international action on climate change. The chapter discusses the role of science, economics, and moral perspectives, such as corrective, distributive, intergenerational, and environmental justice, in shaping climate policies. It also addresses psychological, social, and political barriers to effective climate action, concluding with an argument for the necessity of international cooperation.
Chapter 3: The UNFCCC Regime, from Rio to Paris
This chapter traces the development of the UNFCCC regime, from its inception at the Rio Earth Summit to the landmark Paris Agreement. It examines key milestones, including the Kyoto Protocol and the Doha Amendment, and discusses the evolution of national commitments, principles, and institutional mechanisms under the UNFCCC.
Chapter 4: Relevant Developments in Other Regimes
Mayer explores how other international regimes intersect with climate change law. This includes the regime for the protection of the ozone layer, international transportation laws, and initiatives in biodiversity and heritage conservation. The chapter underscores the importance of integrating climate concerns across different legal regimes.
Chapter 5: Relevant Norms of General International Law
The chapter discusses general principles of international law that apply to climate change, such as the no-harm principle, sustainable development, the precautionary approach, and the polluter-pays principle. It also examines state responsibility for wrongful acts and the relevance of human rights law in the context of climate change.
Chapter 6: Differentiation
This chapter focuses on the principle of differentiation in international climate law, discussing the grounds for differentiating obligations between states based on factors like historical emissions, economic capacity, and geographical circumstances. It reviews how differentiation has been applied in various treaties, including the UNFCCC.
Chapter 7: International Action on Climate Change Mitigation
Mayer discusses the obligations of states under international law to mitigate climate change, focusing on the UNFCCC regime and other treaty frameworks. The chapter reviews collective objectives, national commitments, and specific mitigation measures, such as emission reduction targets and market-based mechanisms.
Chapter 8: Flexibility Mechanisms
This chapter explores the flexibility mechanisms under various climate agreements, including Joint Implementation, the Clean Development Mechanism (CDM), and carbon trading schemes. It assesses the effectiveness and limitations of these mechanisms in achieving climate goals.
Chapter 9: Geoengineering
Mayer examines geoengineering as a controversial approach to climate change mitigation, discussing different techniques like solar radiation management and carbon dioxide removal. The chapter also addresses the legal and ethical implications of geoengineering, as well as the need for robust international regulation.
Chapter 10: International Action on Climate Change Adaptation
The chapter focuses on the adaptation strategies under the UNFCCC and other international regimes, highlighting the importance of supporting vulnerable countries in adapting to climate impacts. It discusses emerging principles like sustainable development and the bottom-up approach to adaptation.
Chapter 11: Loss and Damage
Mayer delves into the concept of loss and damage in the context of climate change, exploring the challenges in securing reparations under international law. The chapter reviews the UNFCCC’s workstream on loss and damage and proposes potential ways forward.
Chapter 12: International Support
This chapter addresses the need for international support for climate action, focusing on financial assistance, technology transfer, and capacity building. Mayer discusses the frameworks for such support under the UNFCCC, including mechanisms like the Green Climate Fund and REDD+.
Chapter 13: Ambition and Compliance
Mayer discusses the architecture of international climate agreements, focusing on the mechanisms to ensure state compliance with climate commitments. The chapter reviews transparency measures, compliance reviews, and the gaps between state conduct and national commitments.
Chapter 14: Adjudication
This chapter examines the role of international and domestic adjudication in addressing climate change disputes. Mayer discusses the prospects for litigation before international courts, such as the ICJ, and the emerging body of climate litigation at the national level.
Chapter 15: Non-State Actors
Mayer explores the growing role of non-state actors, including NGOs, businesses, and civil society, in shaping international climate law. The chapter discusses their participation in negotiations, voluntary commitments, and contributions to standard-setting and international cooperation.
Chapter 16: International Law in Times of Climate Change
The final chapter reflects on the broader implications of climate change for international law, discussing the synergies and tensions between climate law and other areas of international law. Mayer also considers how climate change is reshaping the understanding of general international law principles, state responsibilities, and the scope of international cooperation.
Key Concepts
1. The Greenhouse Effect and Anthropogenic GHG Emissions
- Greenhouse Effect: The process by which greenhouse gases (GHGs) trap heat in the Earth’s atmosphere, leading to global warming and climate change. Mayer emphasizes the scientific basis for understanding climate change and the human contributions to this phenomenon through the emission of GHGs like carbon dioxide, methane, and nitrous oxide.
- Anthropogenic Emissions: Refers to GHGs released into the atmosphere due to human activities such as industrial processes, deforestation, and the burning of fossil fuels. The book highlights the significant impact of these emissions on global climate patterns.
2. UNFCCC Regime
- UNFCCC: The United Nations Framework Convention on Climate Change is the primary international treaty aimed at addressing climate change. Mayer discusses its key objectives, including stabilizing GHG concentrations to prevent dangerous anthropogenic interference with the climate system.
- Kyoto Protocol and Paris Agreement: The Kyoto Protocol established legally binding emission reduction targets for developed countries, while the Paris Agreement adopted a more inclusive approach, with all countries submitting Nationally Determined Contributions (NDCs) to limit global temperature rise.
3. Principles of International Environmental Law
- No-Harm Principle: A foundational norm in international law stating that states should prevent activities within their jurisdiction from causing environmental harm to other states. Mayer examines its relevance to climate change, where cross-border pollution, such as GHG emissions, has global consequences.
- Sustainable Development: A principle advocating for development that meets current needs without compromising the ability of future generations to meet theirs. The book discusses its application in balancing environmental protection with economic growth.
- Polluter-Pays Principle: This principle asserts that those responsible for pollution should bear the costs of managing it to prevent damage to human health or the environment. Mayer examines how this principle is applied in international climate agreements.
4. Differentiation in International Climate Law
- Common but Differentiated Responsibilities (CBDR): A key principle that recognizes different capabilities and responsibilities among nations in addressing climate change, especially between developed and developing countries. Mayer discusses how this principle has shaped the commitments and obligations of countries under the UNFCCC and other agreements.
- Capacity-Based Differentiation: Differentiation based on a country’s capacity to address climate change, which includes economic, technological, and financial capacities. This concept is crucial in understanding the varying levels of commitment expected from different countries.
5. Flexibility Mechanisms
- Clean Development Mechanism (CDM): A flexibility mechanism under the Kyoto Protocol that allows developed countries to invest in emission reduction projects in developing countries as a way to meet their own emission reduction targets. Mayer discusses the successes and criticisms of CDM, including issues of additionality and environmental integrity.
- Emissions Trading: A market-based approach that allows countries or companies to buy and sell emission allowances, promoting cost-effective emissions reductions. The book explores the role of emissions trading systems (ETS) in global climate governance.
6. Adaptation and Mitigation
- Adaptation: Actions taken to manage the impacts of climate change, particularly in vulnerable regions. Mayer discusses international efforts to support adaptation through financial mechanisms, technology transfer, and capacity-building.
- Mitigation: Efforts to reduce or prevent the emission of GHGs, focusing on strategies like renewable energy adoption, energy efficiency, and reforestation. The book explores various international commitments and policies aimed at mitigation.
7. Loss and Damage
- Concept of Loss and Damage: Refers to the adverse effects of climate change that cannot be avoided through mitigation or adaptation. Mayer examines how this concept has been integrated into the international climate regime, particularly under the UNFCCC’s Warsaw International Mechanism.
- Reparations and Compensation: The book discusses the legal and moral arguments for compensating countries and communities that suffer loss and damage due to climate change, especially in vulnerable developing nations.
8. Geoengineering
- Solar Radiation Management (SRM): A set of proposed techniques aimed at reflecting a small percentage of the sun’s light back into space to cool the planet. Mayer explores the ethical and legal challenges associated with SRM, including governance and potential unintended consequences.
- Carbon Dioxide Removal (CDR): Techniques designed to remove CO2 from the atmosphere, such as afforestation, ocean fertilization, and direct air capture. The book examines the role of CDR in climate change mitigation and the regulatory frameworks needed to manage these technologies.
9. Role of Non-State Actors
- NGOs and Civil Society: Non-governmental organizations (NGOs) and civil society groups play a critical role in shaping international climate policy, advocating for stronger commitments, and holding governments accountable. Mayer discusses their influence in international negotiations and their contributions to climate action.
- Private Sector Involvement: The book highlights the growing role of the private sector in climate governance through voluntary commitments, innovation in clean technologies, and participation in carbon markets.
10. Adjudication and Compliance
- International Climate Litigation: Mayer discusses the emerging trend of climate litigation, where states, corporations, or individuals are sued for contributing to climate change or failing to protect against its impacts. The chapter explores the potential and limitations of using international courts like the ICJ for climate-related cases.
- Transparency and Reporting: The importance of transparency in monitoring and reporting emissions and climate actions is emphasized as a mechanism to ensure compliance with international commitments. The book outlines the systems established under the UNFCCC and Paris Agreement to track progress.
These key concepts form the backbone of Mayer’s exploration of international climate law, offering a comprehensive understanding of the legal frameworks, principles, and mechanisms that underpin global efforts to combat climate change.
Critical Analysis
1. Comprehensive Scope and Integration
Mayer’s work is notable for its comprehensive scope, addressing not only the key international agreements like the UNFCCC, Kyoto Protocol, and Paris Agreement but also the broader context of general international law principles, such as the no-harm principle and sustainable development. By integrating these elements, Mayer provides a holistic view of the international law on climate change, illustrating how various legal regimes and principles interconnect to form a cohesive framework. This approach is critical in understanding the multifaceted nature of climate law, where different legal instruments and norms interact to address the global challenge of climate change.
2. The Role of Justice in Climate Law
A significant strength of the book is its focus on justice, particularly the concepts of corrective, distributive, intergenerational, and environmental justice. Mayer argues convincingly that these forms of justice are essential for shaping equitable international climate policies. The emphasis on justice reflects the broader ethical dimensions of climate change, where historical emissions by developed countries and the vulnerability of developing nations necessitate differentiated responsibilities and obligations. This analysis is crucial for appreciating the moral underpinnings of climate law, which go beyond mere legal obligations to encompass broader considerations of fairness and equity.
3. Critique of Flexibility Mechanisms
Mayer provides a balanced critique of flexibility mechanisms like the Clean Development Mechanism (CDM) and emissions trading. While acknowledging their potential to facilitate cost-effective emissions reductions, he also highlights the challenges these mechanisms face, such as issues of additionality, environmental integrity, and the risk of allowing developed countries to avoid making substantial domestic reductions. This critical perspective is important as it questions the efficacy of market-based approaches in achieving meaningful climate action and underscores the need for rigorous oversight and reform to ensure these mechanisms contribute effectively to global climate goals.
4. Examination of Geoengineering
The book’s examination of geoengineering is both timely and necessary, given the increasing interest in these technologies as a potential solution to climate change. Mayer’s analysis of the legal and ethical challenges associated with geoengineering, including the risks of unintended consequences and the need for robust international regulation, is particularly valuable. His cautious approach reflects a deep understanding of the complexities involved in deploying such technologies on a global scale and the importance of ensuring that they do not exacerbate existing inequalities or environmental risks.
5. Non-State Actors and Multi-Level Governance
Mayer’s recognition of the growing importance of non-state actors, including NGOs, businesses, and civil society, in international climate law is a crucial addition to the discourse. By discussing how these actors influence international negotiations, set standards, and contribute to climate action, Mayer acknowledges the shift towards a more inclusive and multi-level governance model. This analysis is essential for understanding how climate governance is evolving beyond state-centric approaches and how non-state actors are becoming key players in driving climate action and innovation.
6. Adjudication as an Emerging Frontier
The chapter on adjudication highlights an emerging frontier in climate law, where courts at both the international and domestic levels are increasingly being called upon to address climate-related disputes. Mayer’s discussion of the potential for international climate litigation, particularly before the International Court of Justice (ICJ) or under the United Nations Convention on the Law of the Sea (UNCLOS), opens up new avenues for enforcing climate obligations. This is a critical area of exploration, as it addresses the gaps in compliance and accountability that often undermine international climate agreements.
7. Critical Reflection on the UNFCCC Regime
Mayer’s critical reflection on the UNFCCC regime, particularly its evolution from Rio to Paris, provides valuable insights into the strengths and limitations of international climate negotiations. He critiques the slow pace of progress and the often compromised outcomes that result from the need for consensus among diverse states with differing interests. This analysis is important for understanding the challenges of achieving ambitious global climate targets and the need for more effective and binding mechanisms to hold states accountable for their commitments.
8. Theoretical Contributions to International Law
Mayer’s work contributes significantly to the theoretical development of international law by situating climate change within broader legal and normative frameworks. His exploration of how climate change is reshaping international law, including the reinterpretation of state responsibilities and the emergence of new legal norms, is a critical addition to the field. This theoretical perspective helps to place climate change at the center of international legal discourse, highlighting its transformative impact on the understanding and application of international law.
9. Emphasis on Implementation and Compliance
Throughout the book, Mayer emphasizes the importance of implementation and compliance, which are often the Achilles’ heel of international agreements. His detailed discussion of the mechanisms for monitoring, reporting, and verification under the UNFCCC and Paris Agreement underscores the need for robust systems to ensure that states meet their climate commitments. This focus on implementation is crucial for moving from the negotiation of agreements to tangible action on the ground, ensuring that international climate law has a real-world impact.
10. Challenges of Loss and Damage
Mayer’s analysis of loss and damage in the context of climate change highlights one of the most contentious and unresolved issues in international climate law. He effectively discusses the difficulties in securing reparations and the political sensitivities surrounding this issue, especially for vulnerable developing countries that are already experiencing severe climate impacts. This discussion is vital for understanding the limitations of current international mechanisms and the ongoing debates about how to address loss and damage more effectively.
In conclusion, Mayer’s The International Law on Climate Change offers a critical and nuanced analysis of the evolving field of climate law. It balances a detailed examination of legal instruments and principles with broader reflections on justice, governance, and the future of international law in addressing one of the most pressing global challenges of our time.
Real-World Applications and Examples
1. Implementation of the Paris Agreement
The Paris Agreement, as discussed by Mayer, is a key example of how international law translates into real-world climate action. Countries across the globe have submitted Nationally Determined Contributions (NDCs) outlining their plans to reduce GHG emissions and adapt to climate impacts. For instance, the European Union committed to reducing its emissions by at least 40% by 2030 compared to 1990 levels. This commitment has driven significant policy changes within member states, such as Germany’s Energiewende, which focuses on transitioning to renewable energy sources.
2. Emissions Trading Systems (ETS)
The implementation of Emissions Trading Systems (ETS) is another practical application of the flexibility mechanisms discussed by Mayer. The European Union’s ETS is one of the largest and most established carbon markets in the world. It sets a cap on the total amount of GHGs that can be emitted by installations covered by the system, allowing companies to buy and sell emission allowances. This market-based approach incentivizes companies to reduce their emissions more efficiently, as reducing emissions can generate surplus allowances that can be sold for profit.
3. Clean Development Mechanism (CDM) Projects
The CDM under the Kyoto Protocol has facilitated numerous projects in developing countries, aimed at reducing emissions while promoting sustainable development. One notable example is the Gujarat Solar Park in India, which became one of the largest solar power plants in the world. This project not only contributed to emission reductions but also provided clean energy and generated local employment. Mayer’s discussion on the CDM underscores both the potential and the challenges of such mechanisms, particularly in ensuring that they deliver genuine emission reductions and sustainable benefits.
4. Climate Litigation
Climate litigation has become an increasingly important tool for enforcing climate obligations, as highlighted in Mayer’s analysis. A landmark case is Urgenda Foundation v. The State of the Netherlands, where the Dutch Supreme Court ordered the government to reduce its greenhouse gas emissions by at least 25% by the end of 2020 compared to 1990 levels. This case set a precedent for climate litigation globally, inspiring similar cases in other countries, such as the Juliana v. United States case, where young plaintiffs sued the U.S. government for failing to protect future generations from climate change.
5. Geoengineering Governance
Mayer discusses the emerging field of geoengineering and the need for robust international regulation. Real-world discussions are beginning to take shape, such as the moratorium on geoengineering experiments under the Convention on Biological Diversity (CBD). This reflects growing concerns about the potential risks and unintended consequences of geoengineering technologies. A practical example is the debate surrounding the Solar Radiation Management Governance Initiative, which aims to develop an international framework for the governance of solar geoengineering research.
6. Loss and Damage Mechanisms
The issue of loss and damage, particularly in vulnerable countries, is becoming increasingly prominent. The Warsaw International Mechanism for Loss and Damage (WIM), established under the UNFCCC, provides a framework for addressing the financial and technical needs of countries suffering from climate-related losses. In real-world application, countries like Bangladesh and island nations in the Pacific have called for international compensation for losses incurred due to rising sea levels and extreme weather events, highlighting the practical challenges and political sensitivities involved in operationalizing loss and damage mechanisms.
7. Adaptation Strategies in Developing Countries
Mayer’s discussion on adaptation is reflected in the real-world strategies adopted by countries to manage climate impacts. For example, Bangladesh has implemented the Bangladesh Climate Change Strategy and Action Plan, which focuses on enhancing resilience through infrastructure improvements, disaster management, and ecosystem conservation. Similarly, African nations have developed regional adaptation plans under the African Union’s Agenda 2063, aiming to integrate climate resilience into national development plans and agriculture.
8. The Role of Non-State Actors
The increasing involvement of non-state actors in climate governance is evident in initiatives such as the RE100, where companies commit to using 100% renewable energy. Major corporations like Apple, Google, and IKEA are part of this initiative, demonstrating how private sector commitments can drive significant reductions in carbon footprints. Additionally, cities around the world, through networks like C40 Cities, are taking independent climate action by setting ambitious targets for reducing emissions, improving energy efficiency, and promoting sustainable urban development.
9. International Cooperation on Climate Finance
Climate finance is critical in supporting developing countries’ efforts to combat climate change, as discussed by Mayer. The Green Climate Fund (GCF) is a real-world application of this concept, with developed countries pledging to mobilize $100 billion annually by 2020 to support climate action in developing countries. This funding is being used to support projects like the Pacific Islands Renewable Energy Investment Program, which aims to transition Pacific island nations to renewable energy sources, reducing their reliance on imported fossil fuels and enhancing energy security.
10. Legal and Ethical Debates on Climate Change
The legal and ethical debates surrounding climate change, as presented by Mayer, are mirrored in ongoing international discussions. For example, the debate over historical responsibility and differentiated responsibilities plays a crucial role in the negotiations under the UNFCCC. Developing countries argue for greater financial and technological support from developed nations, given their historical contribution to GHG emissions. This debate is also central to discussions about climate justice, which seeks to address the unequal impacts of climate change on different countries and populations.
These examples demonstrate how the concepts and principles discussed by Mayer in The International Law on Climate Change are being applied and contested in real-world scenarios. They highlight the challenges and complexities of implementing international climate law and the ongoing efforts to adapt legal frameworks to the evolving realities of global climate governance.