The Role of Non-State Actors in Climate Law

Many observers view the 1972 United Nations (UN) Conference on the Human Environment, held in Stockholm, as the event that heralded the active involvement of non-governmental organizations (NGOs) in international policy making. In the intervening years, NGO participation in international policy making has grown exponentially, as has the number of multilateral environmental conventions, global environmental conferences and other efforts to facilitate a global governance of the human environment. The increasing numbers of NGOs with a stake in global environmental politics has been well documented, as has the presence at multilateral negotiations and their influence on negotiation outcomes (Betsill and Corell 2008). This paper examines the role and influence of non-state actors (NSAs) in multinational, supranational and transnational policy making. We have selected three models of rulemaking to help explain the role and influence of NSAs in different governance systems, reflecting developments within global environmental governance over the past three decades. Whereas multinational cooperation remained the model of choice whenever international environmental rules were created until the 1980s, the model has been joined in recent years by supranational and transnational rulemaking models. We begin by briefly reviewing the three models before presenting three case studies. In the first we examine how NSAs brought their influence to bear in a particular case of multinational environmental negotiations: the International Whaling Commission (IWC). This should shed light on some of the conditions that allow NGOs to exert such a high degree of influence in multinational policy-making processes. Next we explore the role and influence of NSAs in the making of the European Union (EU) Emissions Trading System (ETS). This is a prime example of supranational policy making, and serves to demonstrate the complexity of assessing the influence of NSAs in a dense institutional context. Focusing on social and environmental certification programs, the third case examines a growing tendency for NSAs to act as transnational rule makers in policy areas where states have been unwilling or unable to provide governance. Three Models of Rule Making and the Role of Non-State Actors In multinational cooperation, here represented by the IWC, member states enjoy in principle full authority. The legitimacy of rule-making is ensured by consent between sovereign states based on international law. In this liberal intergovernmental rule-making model, NSAs belong to the set of domestic special interest organizations with sufficient clout to influence negotiating positions. Of course, their efforts to influence negotiation positions meet with varying success; nation-states always have the final word. In supranational cooperation, in this paper represented by the EU ETS scheme, nationstates have transferred some of their sovereignty to other actors. In the EU case, this is most visible is the rules on qualified majority voting, co-decision making by the European Parliament and the policy-initiating role of the Commission. In short, as the consent of a state in itself is sometimes wanting in terms of legitimacy, there need additional sources of

Contents: Part I Introduction and Sources: Non-state actors in the international system of states, Bob Reinalda The Yearbook of International Organizations and quantitative non-state actor research, Elizabeth Bloodgood Researching transnational history: the example of peace activism, Thomas Richard Davies The United Nations Intellectual History Project and the role of ideas, Francis Baert. Part II Actors Other than Governments:Transnational religious actors, John T.S. Madeley and Jeffrey Haynes Transnational corporations and the regulation of business at the global level, Karsten Ronit Unravelling the political role of experts and expertise in the professional services industry, Angela Wigger Parliaments and parliamentarians as international actors, AndrA(c)s Malamud and Stelios Stavridis Autonomous agencies of the European Union as non-state actors, Martijn Groenleer. Part III Perceptions and Understanding: Liberal political philosophy: the role of non-state actors and considerations of global justice, Geoff Gordon and Roland Pierik Non-governmental organizations and non-state actors in international law, Anna-Karin Lindblom Intergovernmental organizations in international relations theory and as actors in world politics, Joel E. Oestreich Inter-organizational relations: an emerging research programme, Rafael Biermann Civil society and NGO: far from unproblematic concepts, Norbert GA tz Non-state and state actors in global governance, Martin Koch Limitations of intergovernmental and non-governmental organizations, Dennis Dijkzeul and William E. DeMars. Part IV Nature and Impact: Non-state actors and the transformation of diplomacy, Brian Hocking Dynamism and resilience of intergovernmental organizations in a world of persisting state power and rising non-state actors, Yves Schemeil International bureaucracies: organizing world politics, Steffen Bauer and Silke Weinlich Interest representation and advocacy within the European Union: the making of democracy?, Sabine Saurugger From agenda setting to decision making: opening the black box of non-governmental organizations, Liesbet Heyse Non-governmental organizations and decision making in the United Nations, Jutta Joachim The ongoing organizational reform of the United Nations, Yves Beigbeder Reporting and peer review in the implementation of international rules: what role for non-state actors?, Thomas Conzelmann Accountability of public and private international organizations, Steve Charnovitz Non-state actors and the proliferation and individualization of international dispute settlement, Eric De Brabandere. Part V Separate Worlds: Politics and the world of humanitarian aid, Wolf-Dieter Eberwein Non-governmental organizations in the human rights world, Anja Mihr Non-state actors in the global security world, Carolyn M. Stephenson Non-state actors in the development aid world as seen from the South, Moushumi Basu Cities for citizens in the global South: approaches of non-governmental organizations working in urban development, Diana Mitlin Non-state actors in the global health world, Peter Hough Non-state actors in multilateral trade governance, Dirk De BiAvre and Marcel Hanegraaff Non-state actors and environmental governance: comparing multinational, supranational and transnational rule making, Lars H. Gulbrandsen, Steinar Andresen and Jon Birger SkjA|rseth Bibliography Index.

The People’s Republic of China (China) is a key country for achieving the global 1.5°C climate target. Since 2006, it has become the world's largest emitter of greenhouse gases (GHG). Despite this increased relevance of China for effective climate governance, we lack a holistic understanding of China’s factual role in climate governance, both domestically and on the international stage. To advance our knowledge of China’s role and relevance in climate governance, we perform a systematic literature review in the field of climate governance between 2009 and 2019. We identify four main research themes that structure the scholarly debate on China's climate governance, distilled from a review of 250 articles. These are: a) the motivations behind China’s climate action; b) available policy instruments for governing climate change; c) the role of non-state actors; and d) comparative analysis between China and other countries. We found that the current literature focuses predominantly on how to govern climate change at specific levels through a range of case studies. What is missing is an assessment of the coherence, or lack thereof, among different policy levels and policy instruments, as well as a detailed analysis of the role and relevance of non-state actors in China’s climate governance. We encourage scholars to factor in these gaps when developing future research.

This study examined the role of Non State Actors (NSAs) in strengthening the developmental capacity of the state, using a case study of Cross River State, Nigeria. Primary and secondary data on selected constituents of NSAs including Non Governmental Organizations (NGOs), Privately Owned Companies, Banks, Private Hospitals and Private Schools were analyzed using tables and charts. The results revealed that activities of NSAs significantly enhance the developmental capacity of Cross River State especially in the areas of provision of public services, knowledge and skill acquisition, infrastructural development and employment generation. Besides other recommendations, it was recommended that NSAs and the government should perform complementary roles in enhancing developmental capacity and that the establishment of more NSAs in the rural areas should be encouraged through the provision of special funding and other incentives for NSAs that have their offices in the rural areas.

Cyberwarfare has become one of the most prominent aspects of global geopolitical competition, introducing a new dimension of conflict involving states and non-state actors. Although research on the role of states in cyber warfare has been amplacious, research on the role of non-state actors is still limited. This study aims to analyze the role and impact of non-state actors in global cyber warfare. In cyber warfare, non-state actors can exploit the vulnerabilities of security systems to achieve their political or ideological goals, changing geopolitical dynamics in unexpected ways. Case studies raised in this study include cyber attacks by Anonymous groups against governments and companies, cyber acts of terrorism by ISIS, manipulation of information by extremist groups to achieve their political goals, and the use of digital propaganda in regional conflicts. By paying attention to the concept of force and security in the perspective of realism, this research is expected to provide a better understanding of how non-state actors influence global geopolitical dynamics through cyber warfare. The implication of this research is the importance of strengthening national cyber defense and international cooperation in the face of threats presented by non-state actors in the cyber domain.

Since anthropogenic causes accelerate rapid climate change with intensifying the adverse impacts of climate induce hazards, Non-State Actors (NSAs) have emerged as pivotal actors in climate governance. The aim of this research is to explore the diverse roles and contributions of NSAs in climate governance and analyze the challenges and institutional barriers they encounter with proposing some recommendations to strengthen their impact. It employs a qualitative approach where data were collected through KII method. Thematic analysis reveals some meaningful role of NSAs in climate governance including advocating for climate justice, raising awareness, promoting sustainable technologies, enhancing community adaptation and resilience, and collaborating across sectors. Digital awareness campaign of Greenpeace during the Copenhagen and Paris Conference and BRAC's climate-resilient housing and rainwater harvesting initiatives in Bangladesh can be placed as notable examples of NSAs’ roles. Despite their significant contributions, several persistent challenges such as poor coordination among NSAs and with state actors, legitimacy deficits, governance gaps, lack of institutional support and insufficient financing impedes them to realize their full potential. To overcome these challenges, this study recommends the need for legal inclusion of NSAs’ roles, inclusive participation, incorporating intersectionality, stronger accountability mechanisms and sustainable financial frameworks. Furthermore, this study offers actionable recommendations for policymakers and practitioners seeking to enhance the effectiveness of non-state engagement in climate action.

Contents: Introduction: relativizing the subjects or subjectivizing the actors: is that the question? Part I Non-State Actors in the Theory of International Law: The subjects of international law, Hersch Lauterpacht Critical reflections on the Westphalian assumptions of international law and organization: a crisis of legitimacy, A. Claire Cutler (I can't get no) recognition: subjects doctrine and the emergence of non-state actors, Jan Klabbers The emergence of non-governmental organizations and transnational enterprises in international law and the changing role of the state, Daniel ThA rer Paul Ricoeur and international law: beyond 'the end of the subject', Janne E. Nijman. Part II The Empirical Approach: Selected Non-State Actors: The individual and the international legal system, Robert McCorquodale Nongovernmental organizations and international law, Steve Charnovitz The invisible college of international lawyers, Oscar Schachter. Part III Participation by Non-State Actors in International Legal Processes: Law Making: NGOs, the International Criminal Court and the politics of writing international law, Michael J. Struett The Ottawa Convention banning landmines, the role of international non-governmental organizations and the idea of international civil society, Kenneth Anderson Law Adjudication: The amicis curiae before international courts and tribunals, Lance Bartholomeusz Law Enforcement: The environmental accountability of the World Bank to non-state actors: insights from the inspection panel, Alix Gowlland Gualtieri Globalization of human rights: the role of non-state actors, Andrea Bianchi. Part IV Non-State Actors' Accountability: the Quest for New Paradigms: The changing international legal framework for dealing with non-state actors, August Reinisch Punishment of non-state actors in non-international armed conflict, William A. Schabas Torture committed by non-state actors: the developing jurisprudence from the ad hoc tribunals, Jill Marshall Responsibility beyond borders: state responsibility for extraterritorial violations by corporations of international human rights law, Robert McCorquodale and Penelope Simons Overcoming NGO accountability concerns in international governance, Erik B. Bluemel Name index.

In this chapter, we explore how non-state and sub-state actors, such as civil society organizations, cities, indigenous groups, or the business sector, shape the democratic legitimacy of intergovernmental climate politics. The Paris Agreement revolves around states’ voluntary climate plans expressed in their Nationally Determined Contributions (NDCs). Analyzing the NDC’s various entry points for non-state engagement, this chapter asks if and how non-state actors can enhance the democratic legitimacy of climate politics in a multi-level governance setting. To do so, we first revisit the post-Paris climate governance landscape and the different roles associated with non-state actors. Based on earlier work dealing with the legitimacy of non-state actors in climate governance, we conceptualize democratic legitimacy through the five values of participation, representation, accountability, transparency, and deliberation. We examine how non-state actors succeed or fail to secure these democratic norms. In conclusion, climate governance in the post-Paris era holds the potential to enhance but also undermine the democratic legitimacy of political decisions through involvement of non-state actors which can be cooperative, confrontational, or co-opted by state-driven agendas.

How do governance arrangements affect perceptions of legitimacy and effectiveness amongst non-state actors? This is a pertinent question as the roles of non-state actors have been strengthened in global climate governance. In this paper, we focus on how actors involved in climate governance processes perceive trade-offs and specific factors that risk undermining legitimacy and potential effectiveness of those arrangements. We argue that different rules of procedural legitimacy generate sociological views about whether an institution or its policies will be effective and, in turn, are ‘worthy of support’. To establish this, we engage in an analysis of how nonstate actors have been engaged in the UNFCCC, pre- and post-Paris. We find that efforts to deepen engagement is generating contestation between actors, not fostering collaboration. Focusing on how actors view procedural rules and their potentialities for effective outcomes sheds light on support for those institutions and the development of effective policies.

This chapter examines the role of non-state actors in promoting compliance with climate change instruments and finds that their contribution has been substantial. Non-state actors are proven enforcers – sometimes more effective than states. Climate cases brought by non-state actors to non-climate institutions help to demonstrate this point, and effective mechanisms for non-state access to compliance are modeled within multilateral environmental agreements ranging from Aarhus to NAFTA. The author argues that the role of non-state actors should be expanded as climate change frameworks evolve and compliance mechanisms are strengthened. Leaving the public without standing within formal enforcement mechanisms misses a critical opportunity to promote compliance.

Violence and crime have been a continuous challenge to states, and this book has shown how states and non-state actors cope with this problem. Defining violence and crime as overarching terms, the volume presented different governance efforts that included more passive and more active roles of non-state actors. As addressees, non-state actors cause governance problems through norm violation. Classical examples are rebel groups in civil wars or organized crime. In the case of delegation, non-state actors implement public regulations, thus executing functions that the state cannot or does not want to provide. Examples of this include banks that oversee financial transactions or internet providers that store traffic data. Non-state actors play an even more active role as co-regulators, when non-state actors become partners in governance and implementation. Prominent cases are public—private partnerships or self-regulatory schemes. Finally, non-state actors can act as advocates, which is the most autonomous role. In this case, they initiate and consult on governance as moral entrepreneurs or lobbyists. Against this background, the introductory chapter presented different roles of non-state actors in terms of an ‘interaction triangle’.

Non-state actors (NSA) have become increasingly important in forest management and governance but with strikingly limited research on this subject. Here, we critically review the historical evolution and roles of major NSA in forest governance in selected tropical countries identifying the major challenges regarding sustainable and effective engagement of NSA and suggest pathways for better utilization of NSA. Historical evolution of forest governance revealed that the nature and role of NSA have substantially changed over time and NSA has expanded and diversified since the late 1970s with the introduction of different forms of community-based forest management (CBFM) models. Nevertheless, due to challenges such as predominant revenue orientation of forest governance that overshadows effective participation of NSA in governance, tenurial uncertainty, dependence on external funds and facilitation, ad hoc and project-based nature of operation, and sustainability of the relevant institutions, the outcomes of CBFM were limited. We conclude our synthesis calling for stronger policy, financial, and procedural support that ensures effective collaborations and partnerships with NSA that can result in positive outcomes for forest conservation and improvement of forest dependent local peoples’ livelihoods.

Editorial: Governing the EU's climate and energy transition through the 2030 Framework

Global climate governance is multilateral and involves both state and non-state actors. This study sets to identify the ways in which non-state actors can access and participate in the international climate change regime under the UNFCCC and the 2015 Paris Agreement and to evaluate how they can influence law-making processes and outcomes under the agreements. The study further provides recommendations on how the involvement of non-state actors can be improved under the agreements. The study emphasizes that under the UNFCCC, non-state actors have an important role in acting as intermediaries under the orchestration governance model and in participating to the Conference of Parties and under the Paris Agreement, by exerting influence on state’s nationally determined contributions. The study suggests that the role of non-state actors in formulating nationally determined contributions and in participating to the Conference of Parties should be further formalised and that the NAZCA portal should be improved.

Studies of global governance typically claim that the state has lost power to nonstate actors and that political authority is increasingly institutionalized in spheres not controlled by states. In this article, we challenge the core claims in the literature on global governance. Rather than focusing on the relative power of states and nonstate actors, we focus on the sociopolitical functions and processes of governance in their own right and seek to identify their rationality as practices of political rule. For this task, we use elements of the conception of power developed by Michel Foucault in his studies of “governmentality.” In this perspective, the role of nonstate actors in shaping and carrying out global governance-functions is not an instance of transfer of power from the state to nonstate actors but rather an expression of a changing logic or rationality of government (defined as a type of power) by which civil society is redefined from a passive object of government to be acted upon into an entity that is both an object and a subject of government. The argument is illustrated by two case studies: the international campaign to ban landmines, and international population policy. The cases show that the self-association and political will-formation characteristic of civil society and nonstate actors do not stand in opposition to the political power of the state, but is a most central feature of how power, understood as government, operates in late modern society.