Abstract
ABSTRACT This paper assesses the importance of a strategic legal framework for action against climate change, using the UK Climate Change Act as an example. Passed in 2008, the Climate Change Act is one of the earliest and most prominent examples of framework legislation on climate change. It contains several innovative features that have since been replicated in other framework laws. We use stakeholder interviews to assess the strengths of the Act and whether it has succeeded in creating an integrated, informed and forward-looking policy process. Respondents felt that the Act had established a firm long-term framework with a clear direction of travel. However, they differed on whether the Act provided sufficient policy certainty and protection against political backsliding. Most respondents felt that the Act had changed the institutional context and the processes through which climate change is addressed. As a result, interviewees believe that the Act has helped UK climate policy to become better informed, more forward looking and better guided by statutory routines. Key policy insights A strong legal framework with statutory targets, processes and institutions can be an important tool for effective climate change governance. A broad-based framework law can make action on climate change more predictable, more structured and more evidence-based. The UK Climate Change Act is a model for such framework legislation, with important institutional features that have already been emulated in other framework laws. The main such features are statutory short-term and long-term emissions targets, a new independent advisory body (the Committee on Climate Change), clear accountability and an iterative approach to adaptation planning.
Highlights
Lawmakers around the world are reviewing their approach to climate change
We investigate whether the Climate Change Act (CCA) has strengthened the UK’s climate change strategy and performance by bolstering the institutionalization of, and political commitment towards, action on climate change
There appears to be a consensus among policy experts that the UK Climate Change Act has broadly lived up to expectations, with some qualifications
Summary
Lawmakers around the world are reviewing their approach to climate change. They recognize that the objectives of the Paris Agreement necessitate new, stronger and more comprehensive approaches to climate governance (Bodansky, 2016; Falkner, 2016a). It (i) sets a legally binding long-term mitigation goal (since strengthened to net-zero emissions by 2050), (ii) legislates intermediary short-term targets (or carbon budgets), (iii) creates an independent advisory body (the Committee on Climate Change – CCC), (iv) establishes a continual process of adaptation planning, and (v) mandates regular government reporting on progress (Benson & Lorenzoni, 2014; Muinzer, 2018).
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