КОРУПЦІЙНІ РИЗИКИ ЯК ЗАВАДА ДЛЯ МІЖНАРОДНО-ПРАВОВОГО РЕЖИМУ ЗМІНИ КЛІМАТУ

Abstract

The United Nations Climate Change Conference (Glasgow, 2021), the largest conference of the parties to date, shaped the respective international legal regime according to state-of-the-art vision. Its outcome documents reflect the principal need for immediate actions during this critical decade to keep as reachable an aim to limit global temperature rise to 1.5°C above pre-industrial levels. The reasons for the current limited success in realization of the global climate goals are rooted not in issues of macrolevel, such as North–South divide, exclusively. Though never mentioned in the principal documents of the climate change regime, the corrupt practices significantly reduce the ability to address this global challenge. The article provides an overview of the key areas of actions that all parties of the regime are expected to take in order to accelerate their efforts pursuant to the Glasgow Climate Pact. Within this framework, mitigation, adaptation, finance and collaboration are examined taking into consideration corruption risks associated with them. The article argues that implementation of the commitment to mobilize not less than USD100 billion annually for adaptation measures, as well as growing mitigation finance, a priori possess a high corruption potential. Corruption challenges impeding sectors of the global climate action such as international carbon markets, phasing-down coal power, sustainable forestry and construction projects for adaptation, are considered. The article points to 'conventional' and new, associated with uncertainty and lack of the relevant experience forms of corruption. It is noted that Glasgow efforts to fully operationalize the Paris Agreement provisions by coming to an understanding on a new mechanism and standards for international carbon markets, common reporting requirements on emissions and support, as well as common timeframes for emissions reductions targets will inhibit corruption, but will not be able to totally eradicate it. Both, climate change and corruption, have become priority issues of international concern. The article claims that responding to existing challenges the climate change international legal regime will interact with the international legal framework against corruption. Though particular forms and directions for such interaction are not clear to the moment, knowledge, norms and techniques shaped within the anti-corruption framework will be potentially useful for global climate change actions.