Week 10: International Law and the Envirnment United Nations conferences have played a significant role in international environmental governance and

Stockholm Conference

First major international environmental conference held in 1972, which produced the Stockholm Declaration.

Rio Earth Summit

1992 conference that resulted in the non-binding Rio Declaration on environmental principles.

State Responsibility (Principle 21) of Stockholm Declaration

Countries have the right to use their natural resources but must avoid harming the environment of other countries.

Sustainable Development (Principle 4)

Development that meets present needs without compromising future generations' ability to meet their own needs, and integrating environmental protection into development plans.

Common but Differentiated Responsibility (Principle 7)

All states share responsibility for environmental issues, but obligations vary based on their contributions to environmental degradation and capabilities.

What is the structure of international environmental law?

• Framework convention + protocol

• Framework conventions set goals and principles, while protocols add specific, legally binding actions (e.g., Kyoto Protocol, Paris Agreement).

Vienna Convention for the Protection of the Ozone Layer

A global treaty to protect the ozone layer, signed by 197 states, focusing on cooperation without binding targets.

Montreal Protocol

An agreement signed in 1987 to phase out substances that deplete the ozone layer, including CFCs.

Common but Differentiated Responsibility (CBDR)

A principle recognizing varying capacities of countries to handle environmental challenges, providing support for developing nations. Developing countries were given an additional 10 years to meet reduction targets.

• A Multilateral Fund was established to provide financial assistance to developing countries for the transition—a first in international environmental law.

Kigali Amendment

An expansion of the Montreal Protocol in 2016 that included prohibitions on hydrofluorocarbons (HFCs).

UN Framework Convention on Climate Change

A treaty signed in 1990 to set broad goals for emissions reduction, leading to annual COP meetings, 198 state parties

Kyoto Protocol

A legally binding agreement under the UNFCCC, Sets binding legal commitments in emissions targets. Common but differentiated responsibility: applied in the Kyoto Protocol to largely exempt developing countries, limiting individualized emission targets to developed countries . Absence of large emitters like US and China.

Nationally Determined Contributions (NDCs)

Self-defined targets by countries within the Paris Agreement for reducing greenhouse gas emissions. Part of Bottom up approach

Paris Agreement + Goal

• Negotiated in Paris in 2015 at the UNFCCC’s 21st COP 

• 194 state parties 

• Aims to limit global warming to well below 2°C, with efforts to restrict it to 1.5°C above pre-industrial levels.

Legally Binding with a Bottom-Up Approach

No internationally imposed targets, allowing flexibility for national circumstances while still requiring contributions. A flexible framework in the Paris Agreement allowing each country to set its own climate targets.

Transparency Framework

A system requiring countries to report on emissions and progress towards their NDCs under the Paris Agreement.

Goldilocks Solution

The notion that the Paris Agreement strikes the right balance between being too strict and too weak.

Global Framework with Updated CBDR

All parties must take action, but responsibilities vary based on national circumstances and capabilities.

Progression Principle (Article 4.3):

Each successive NDC must represent progress and reflect the highest possible ambition for that country.

Criticism of the Paris Agreement

Bodansky (2015) Concerns about the reliance on voluntary pledges rather than binding commitments potentially being insufficient to prevent significant global warming. Hoffman (2021) it does not guarantee that individual efforts will be enough. Therefore, the Paris Agreement is a means, not an end in itself. It provides a framework for action, but much of the responsibility lies with individual countries to follow through on their commitments.

What did the Montreal Protocol require?

Phased reduction of CFCs:

• 80% of 1986 levels by 1993.

• 50% of 1986 levels by 1998.

Why was the Montreal Protocol successful?

Universal ratification, binding commitments, financial support for developing countries, and regular updates (e.g., Kigali Amendment).

• Three Phases of Global Climate Change Regime 

• Phase 1 (1990 – 1995): Adoption of the UNFCCC

•  Phase 2 (1995 – 2004): Creation of the Kyoto Protocol

•  Phase 3 (2005 – present): Post-Kyoto and creation of Paris Agreement

Challenges and Criticisms of Kyoto

• Developing vs. Developed Divide:

  • Stark distinction left developing countries without binding commitments.

  • Critics, including the U.S., argued this hindered global participation.

• Large Emitters Missing:

  • The absence of the U.S. and limited commitments from major emitters like China undermined the Protocol’s effectiveness.