Kati Kulovesi

'Make Your Own Special Song, Even if Nobody Else Sings Along': International Aviation Emissions and the EU Emissions Trading Scheme

This article focuses on the escalating international row over the decision by the European Union to include aviation emissions in its Emissions Trading Scheme from 2012 onwards. The main point of controversy is that the ETS will apply to foreign airlines to the extent they operate flights to and from EU airports. The article sheds light on the background of the dispute by providing an overview of the slow progress on aviation emissions under the UNFCCC and the International Civil Aviation Organization. It describes the main features of the EU scheme and discusses the pending request for a preliminary ruling from the Court of Justice of the European Union concerning the compatibility of the ETS with international law. The article concludes that there is a good case to be made for the legal design of the EU’s scheme for aviation emissions under international law. Furthermore, from a climate-policy perspective, the scheme can be seen as a necessary first step towards controlling rapidly growing aviation emissions. At the same time, the continuing global impasse on climate change mitigation raises concerns over fragmentation of climate change law and the spread of unilateral climate policies and retaliatory measures.

Seizing the opportunity: tackling fossil fuel subsidies under the UNFCCC

Analyses from international and nongovernmental organizations have pointed to the negative environmental, economic and social implications of the sizable subsidies handed out by governments for the production and consumption of fossil fuels. Given their relevance for achieving climate policy objectives, it is perhaps surprising that the climate regime established by the United Nations Framework Convention on Climate Change (UNFCCC) does not address fossil fuel subsidies. This article discusses the possible role of the UNFCCC in tackling fossil fuel subsidies. It suggests that the UNFCCC could enhance the transparency around fossil fuel subsidies and put in place incentives for countries to undertake subsidy reform. However, the possibilites under the UNFCCC will be limited by political barriers to subsidy reform at the national level and will need to be carried out in coordination with other international institutions active in the field.

The New Framework for Climate Finance Under the United Nations Framework Convention on Climate Change: A Breakthrough or an Empty Promise?

In this chapter, we first show that the framework for climate finance under the United Nations Framework Convention on Climate Change (UNFCCC) has been controversial, fragmented and insufficient to meet the growing financing needs of developing countries for adaptation and mitigation. We then describe and analyze the reformed framework for climate finance under the UNFCCC. We argue that the establishment of the Green Climate Fund constitutes an important milestone and progress has also been made in other respects. However, long-standing divides and mistrust between developed and developing countries have shaped the negotiations and continue to be reflected in their outcomes (and non-outcomes). This, together with the lack of clarity over long-term sources of finance, casts shadows over the future effectiveness of the new framework.

Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends

Exploring the landscape of climate law, this chapter identifies two emerging trends increasingly visible in climate law scholarship. The first relates to the multi-layered nature of climate law. Here, the chapter argues that our understanding of the complex web of legal norms that address climate change necessitates research that also takes into consideration interactions between various sources of legal authority in regulating climate change, including their hierarchies, synergies and tensions. In addition to benefitting those implementing climate law on the ground, such an approach makes it possible to analyse the global implications of climate law, including its effectiveness and the mutual supportiveness of its various layers. The second relates to deformalization of climate law; the expanding role of non-state actors, soft law instruments and informal collaboration in global efforts to address climate change. While climate law scholarship is increasingly paying attention to this phenomenon, this chapter argues that accounting for the role of non-state actors and voluntary regulatory initiatives involves some important doctrinal challenges, including how to avoid becoming overtly descriptive and retain a normative focus.

A New Chapter in the UN Climate Change Negotiations? First Steps Under the Durban Platform for Enhanced Action

This article discusses recent developments in the UN climate change negotiations in light of the Bonn Climate Change Conference in May 2012. It highlights the Bonn meeting as the first opportunity to assess the influence on the UNFCCC process of the Durban Package and the new Ad Hoc Working Group on the Durban Platform for Enhanced Action. It argues that the main impression from the Bonn meeting is that the Durban outcome has indeed affected the dynamics of the UNFCCC negotiations and holds potential for far-reaching changes. Provided that all goes well, the combination of new bodies and processes created in Cancun and Durban, the forthcoming Fifth Assessment Report by the IPCC, and the likely public pressure following its release could open a new chapter in the UNFCCC process and lead to a more effective multilateral response to the climate change challenge. Still, the combination of a palpable rift within G-77/China and traditional divides between developed and developing countries on issues such as finance and technology means that the road ahead is likely to be a difficult one.

Research Handbook on Natural Resources and International Law

Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

Introduction: Climate Change and the Law

The United Nations Framework Convention on Climate Change (UNFCCC) celebrates its twentieth anniversary in 2012. The two decades following its adoption have witnessed a significant evolution in legal responses to climate change. The international climate regime itself has grown considerably and evolved into a highly specialized area of international law and legal expertise. Its evolution has inspired the expansion of climate law also at the regional, national, subnational and transnational levels. The emphasis of climate law has traditionally been on mitigation, but adaptation, finance, technology and capacity building have recently asserted their place as key elements of climate change law and policy.

Climate Law and Policy in the European Union: Accidental Success or Deliberate Leadership?

Internationally, the European Union has become known as a forerunner in the adoption and implementation of ambitious climate policies, pioneering new regulatory instruments and voluntarily committing itself to ambitious targets both with regard to greenhouse gas mitigation and energy sustainability. Underlying Europe’s perceived leadership in the struggle against climate change is a proliferation of internal laws and regulations, including the largest environmental permit trading scheme in history. It would be erroneous, however, to assume that the emergence of this comprehensive policy landscape has followed an easy or straightforward path; more aptly, the development of climate and energy policy in the European Union has often been preceded by arduous negotiations and significant controversy. Going forward, what are the prospects for continued climate leadership in the European Union, and what role will the legal and institutional framework play?

Climate Change and Trade: At the Intersection of Two International Legal Regimes

This chapter examines substantive and institutional linkages between the United Nations Framework Convention on Climate Change and the World Trade Organization. It focuses on identifying potentially sensitive areas in their relationship, including sustainability requirements targeting processes and production methods, as well as measures targeting carbon leakage and competitiveness xadconcerns. It also discusses institutional and doctrinal challenges related to fragmentation of international law and highlights problems that could arise if a climate change related dispute was considered by the WTO dispute settlement system. The chapter concludes that the trade and climate regimes are increasingly relevant for each other and that they are not necessarily rivals – both could benefit from identifying and promoting unexploited synergies between the two regimes. However, closer cooperation and institutional coordination may be needed in the future in order to avoid mutually unhelpful institutional and legal clashes.