The Global Climate Regime: Wither Common Concern?

Abstract

This chapter reflects on some key strands of global climate law and on the main trends in the efforts to develop a legal regime on global climate change. Specifically, it explores the legal implications of the proposition that global climate change is a common concern of humankind. The chapter considers the evolution of the treaty-based regime anchored in the United Nations Framework Convention on Climate Change (UNFCCC) and its core principle of common but differentiated responsibilities. It reflects on the implications of an apparent turn away from centralized law-making and compliance control in relation to global climate change. The UNFCCC and its Kyoto Protocol reflect an understanding that had come to be firmly established in international environmental law: common concerns are best addressed through international institutions that involve all states in standard-setting and compliance control. Keywords:global climate change; international environmental law; Kyoto Protocol; UNFCCC