The International Climate Change Regime: A Guide to Rules, by Farhana Yamin

By Farhana Yamin

Aimed toward the expanding variety of policy-makers, stakeholders, researchers, and different execs engaged on weather switch, this quantity provides a close description and research of the overseas regime tested in 1992 to strive against the specter of worldwide weather switch. It presents a accomplished available advisor to a high-profile zone of foreign legislation and politics, overlaying not just the tasks and rights of nations, yet ongoing weather negotiations in addition.

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Additional info for The International Climate Change Regime: A Guide to Rules, Institutions and Procedures

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T. O. Elias, The Modern Law of Treaties, 1974. 13 14 The International Climate Change Regime form and no common nomenclature. Treaties derive their binding force from a fundamental principle underpinning the law of treaties, pacta sunt servanda, which requires states to perform obligations they have undertaken on the basis of good faith. Treaties are the clearest form of consent by states to the creation of rules and for that reason are viewed as the most authoritative source on the subject matter covered by them.

Yet environmental issues that require global cooperation challenge traditional paradigms of international law-making which are underpinned by concepts of state responsibility, sovereign equality and the paramountcy of state consent. A number of factors unique to climate change make such collective action more challenging still. These include potentially irreversible damages or costs, long planning 1 IPCC, 2001a. 1 2 The International Climate Change Regime horizons, regional variations, time lags between cause and effect, scientific uncertainties and complexities inherent to climate change and geographical discrepancies between those who pollute and those subject to climate impacts.

Soft law instruments by contrast provide flexibility and their use avoids time-consuming ratification requirements, enabling decision-making that is responsive, or helps ‘road test’ complex policy solutions to provide experience for negotiating firmer commitments. The diverse nature of the interests involved means that global environmental issues often raise equity issues and demands for social justice. In these situations, soft law instruments can act as a ‘half-way’ stage in environmental law-making processes, bridging law with policy to which states wish to adhere but which they are reluctant to enshrine in binding, highly prescriptive forms.

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