The recent outcomes of the climate change negotiations have revealed the difficulty to reach within the UNFCCC COP’s framework a satisfactory and comprehensive binding agreement for the post-2012. However, the problem lies not only in the different positions of several of the key actors of the climate change negotiations, but it seems rather to be related to the inadequacy of the present climate change governance regime. The only concrete result which so far emerged from the climate change negotiations on the post-2012 is represented by the 2009 Copenhagen Accord, which is not a legally binding agreement, as it is the Kyoto Protocol, but is essentially a political agreement, based on voluntary commitments by the Parties to control and reduce their GHG emissions at a national level. The analysis highlights that more ambitious solutions for the future management of climate change can only come from an improvement of the climate change governance regime. In this sense, the problem of the inadequacy of the present climate change governance regime should be better addressed within the framework of the need for the reform of the global environmental governance. To this effect, the Parties could follow two possible tracks. Under the first one, the definition of the new and future climate change regime could be linked to the UNEP’s reform, on the basis of a top-down approach aiming at the transformation of the present Environment Programme into a fully-fledged organisation, preferably consisting in a new UN agency, building up on the existing UNEP structure, budget and mandate, and trying to improve its effectiveness at a global level. Under the second one, the Parties could instead choose to enhance the truly political (and neither the legal, nor the technical) dimension of the negotiations and promote a steering role for the G-20, as enriched with a new environmental and sustainable development agenda, thus leaving to the UNFCCC COP a merely “administrative” and technical role.

Montini, M. (2011). Re-shaping Climate Governance for Post-2012. EUROPEAN JOURNAL OF LEGAL STUDIES, 4(1), 7-24.

Re-shaping Climate Governance for Post-2012

MONTINI, MASSIMILIANO
2011

Abstract

The recent outcomes of the climate change negotiations have revealed the difficulty to reach within the UNFCCC COP’s framework a satisfactory and comprehensive binding agreement for the post-2012. However, the problem lies not only in the different positions of several of the key actors of the climate change negotiations, but it seems rather to be related to the inadequacy of the present climate change governance regime. The only concrete result which so far emerged from the climate change negotiations on the post-2012 is represented by the 2009 Copenhagen Accord, which is not a legally binding agreement, as it is the Kyoto Protocol, but is essentially a political agreement, based on voluntary commitments by the Parties to control and reduce their GHG emissions at a national level. The analysis highlights that more ambitious solutions for the future management of climate change can only come from an improvement of the climate change governance regime. In this sense, the problem of the inadequacy of the present climate change governance regime should be better addressed within the framework of the need for the reform of the global environmental governance. To this effect, the Parties could follow two possible tracks. Under the first one, the definition of the new and future climate change regime could be linked to the UNEP’s reform, on the basis of a top-down approach aiming at the transformation of the present Environment Programme into a fully-fledged organisation, preferably consisting in a new UN agency, building up on the existing UNEP structure, budget and mandate, and trying to improve its effectiveness at a global level. Under the second one, the Parties could instead choose to enhance the truly political (and neither the legal, nor the technical) dimension of the negotiations and promote a steering role for the G-20, as enriched with a new environmental and sustainable development agenda, thus leaving to the UNFCCC COP a merely “administrative” and technical role.
Montini, M. (2011). Re-shaping Climate Governance for Post-2012. EUROPEAN JOURNAL OF LEGAL STUDIES, 4(1), 7-24.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11365/10018