CUHK Summer Institute 2017 Prof Benoit MAYER bmayercuhkeduhk httpbenoitmayercomcoursessummerinstitute Session 4 Climate change mitigation Part 1 international law Sources of international law ID: 651992
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Climate Change, Law, and Politics
CUHK Summer Institute 2017
Prof. Benoit MAYER,
bmayer@cuhk.edu.hk
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http://benoitmayer.com/courses/summerinstitute/
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Session 4:
Climate change mitigation
Part 1: international law
Sources of international law
International customs
TreatiesSlide4
1. Sources of international lawSlide5
Statute of the International Court of Justice, article 38
1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
a.
international conventions
, whether general
or particular, establishing rules expressly recognized by the contesting states;
b.
international custom
, as evidence of a general practice accepted as law;
c. the general principles of law recognized
by civilized nations;
d. … judicial decisions and the teachings of the most highly qualified publicists of the various nations, a
s subsidiary means for the determination of rules of law.Slide6
2. International customsSlide7
2. International customs
Principle of equal sovereigntySlide8
Stockholm Declaration on the Human Environment
June 1972
Principle 21
“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”Slide9
2. International customs
Principle of equal sovereignty
Corollary:Slide10
2. International customs
Principle of equal sovereignty
Corollary:
No-harm principleSlide11
2. International customs
Principle of equal sovereignty
Corollary:
No-harm principle
Preventive obligationSlide12
3. TreatiesSlide13
3. Treaties
1992:
United Nations Framework Convention on Climate Change
1997:
Kyoto
Protocol to the United Nations Framework Convention on Climate Change
2015:
Paris AgreementSlide14Slide15
International negotiations
Table 1: Hong Kong SAR, China
Table 2: China
Table 3: United Kingdom
Table 4: India
Table 5: United States
Table 6: European UnionSlide16
International negotiations
Part 2
Prepare the outlines of your argument:
What do you want international negotiations on climate change to achieve?Slide17
Next sessions
Session 5: Climate change mitigation: municipal laws
Session 6: Debates on geoengineering
Session 7: Adaptation to climate change