Supervisors info:
1. Μαρία Γαβουνέλη, Αναπληρώτρια Καθηγήτρια Διεθνούς Δικαίου
2. Γεώργιος Κυριακόπουλος, Λέκτορας Διεθνούς Δικαίου
3. Αναστάσιος Γουργουρίνης, Λέκτορας Διεθνούς Δικαίου
Summary:
In international law, the special nature of climate change, as it is a phenomenon whose physical conditions change constantly, favours the application of general principles. Indeed, the general principles of international law do not impose rigid and inflexible rules but, while they remain a source of international law, they provide a considerable margin for interpretation and evolution. These principles are applied in the field of mitigating climate change as well as in the field of adapting to climate change’s already manifested effects. The precautionary principle, addresses precisely the liquidity of climate change and states that when threats of serious and irreversible damage exist, the lack of full scientific certainty should not be used as a justification for not undertaking cost-effective measures to prevent environmental degradation. On the other hand, the polluter pays principle dictates that states, individuals or businesses engaged in polluting or environmentally hazardous activities should be held responsible and accountable for the consequences of their actions and take remedial action. The principle of common but differentiated responsibilities and respective capabilities of states creates a fair and equitable legal regime which recognises the shared responsibility of states for environmental protection, the varying contribution of states to climate change, and the different abilities of countries to prevent, reduce and control this phenomenon. The principle of progression, the newest principle of the international climate change framework which emerged from the 2015 Paris Agreement, provides that states must show a continued progress in their climate change policies. Having identified the basic principles of the international law of climate change, the question whether appropriate mechanisms exist to promote and ensure that the objectives set out under these principles are respected, arises. While examining the traditional approach of international treaties, it appears that on the one hand the 1992 Framework Convention on Climate Change does not establish a compliance mechanism to deal with cases of non-compliance by States, and on the other hand, while the Paris Agreement calls for the creation of a committee with the task of facilitating implementation and promoting compliance, its modalities are yet to be defined. The procedures of this committee are expected to be adopted in 2018, by the next meeting of the Conference of the Parties. As the international climate change treaties avoid establishing clear rules dealing with cases of non-compliance, alternative approaches should be explored. Initially, the international trade can provide positive and negative incentives, such as the liberalization of environmental goods or border tax adjustments to ensure that states follow through with their undertaken responsibilities and remedy cases of non-compliance. Furthermore, organisations such as the OECD or the UN Global Compact provide compliance mechanisms that directly address businesses, the main environmental polluters. Therefore, having examined the available international tools and remedies relating to climate change, it is can be easily deduced that their combination and simultaneous implementation will be the key factor in effectively addressing climate change.
Keywords:
Climate Change, Paris Agreement, UNFCCC, Precautionary Approach, Polluter Pays Principle, Common but Differentiated Responsibilities and Respective Capabilities, Principle of Progression, Compliance Mechanisms, Alternative Approaches to Promote Compliance
