The Paris Agreement and Climate Intervention

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Presentation transcript:

The Paris Agreement and Climate Intervention Prof. Tracy Hester Climate Intervention Law Spring 2019

Review - UN Framework Convention on Climate Change (UNFCCC) Entered into force – 1994 (189 parties) Key concepts: Goal of preventing dangerous anthropogenic climate change Common but differentiate responsibility; precautionary principle All have duties to track and report inventories (+ sinks) Annex I: adopt national policies to return to 1990 emission levels, and assist other non-Annex I nations

Review – The Kyoto Protocol Adopted on Dec. 11, 1997, and ratified in February 2005 Core concepts: Targets and timetables for binding emission reduction commitments for Annex I parties (Annex B to Kyoto) Flexibility mechanisms: joint implementation, emissions trading, Clean Development Mechanism Now expired, but helped define tools and concepts

Review – Clean Development Mechanism Clean Development Mechanism (CDM) – allows Annex I Parties to benefit from emission reductions projects in non-Annex I countries Allowed participation by private parties Under Article 12, a CDM project must have: “additional”, voluntary and approved by each Kyoto Party involved More generally, CDM projects should have helped non-Annex I parties to “achieve sustainable development”

Paris Accords Preamble – human rights Article 2: 2 degree goal, 1.5 degree ambition Articles 3 through 5: Nationally Determined Contributions Includes sinks (Article 5) Progressive commitments with stock-taking and internationally determined rules (Article 14) Article 6: trades and market mechanisms (ITMOs) Article 7: Adaptation assistance Article 8: Loss and Damage Provisions

Climate Intervention and Paris Accords Preamble and goals: Dangerous anthropogenic interference? Two degrees C? Human rights and equity impacts (BECC; SRM) NDC process and carbon dioxide removal and/or solar radiation management Technologically achievable? Commitment to progressive targets? Sustainable development and human rights? Climate intervention as ITMO

Professor Tracy Hester University of Houston Law Center tdheste2@central.uh.edu 713-743-1152 (office)