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The Paris Agreement and Climate Intervention

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

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The Paris Agreement and Climate Intervention

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

  2. 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

  3. 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

  4. 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”

  5. 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

  6. 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

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

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