Daniel Bodansky Archives - Center for Climate and Energy Solutions https://www.c2es.org/profile/daniel-bodansky/ Our mission is to secure a safe and stable climate by accelerating the global transition to net-zero greenhouse gas emissions and a thriving, just, and resilient economy. Fri, 24 Feb 2023 18:04:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.1 https://www.c2es.org/wp-content/uploads/2017/10/cropped-C2ESfavicon-32x32.png Daniel Bodansky Archives - Center for Climate and Energy Solutions https://www.c2es.org/profile/daniel-bodansky/ 32 32 An ICJ Advisory Opinion on Climate Change: Ten Questions and Answers https://www.c2es.org/document/an-icj-advisory-opinion-on-climate-change-ten-questions-and-answers/ Mon, 24 Oct 2022 04:01:18 +0000 https://www.c2es.org/?post_type=document&p=15563 In recent years, the role of climate change litigation has become increasingly prominent. Thus far, most climate cases have been brought in national courts, but there is also growing interest in the role of international courts and tribunals in addressing climate change, including the International Court of Justice (ICJ), regional and human rights bodies, and […]

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]]> In recent years, the role of climate change litigation has become increasingly prominent. Thus far, most climate cases have been brought in national courts, but there is also growing interest in the role of international courts and tribunals in addressing climate change, including the International Court of Justice (ICJ), regional and human rights bodies, and the International Tribunal for the Law of the Sea.

In September 2021, Vanuatu announced at the United Nations (UN) General Assembly (UNGA) that it intended to build a coalition of states to request an advisory opinion on climate change from the ICJ. The Vanuatu initiative is supported by various grassroots youth groups, including the Pacific Island Students Fighting Climate Change and the World Youth for Climate Justice, which argue that climate change threatens the rights of present and future generations. At the March 2022 CARICOM Conference, heads of government from the Caribbean region indicated their support for Vanuatu’s initiative, and other countries have endorsed it as well, including Australia.

Vanuatu has assembled a legal team that is currently working to craft the precise legal question to put before the ICJ and may bring its proposal before the General Assembly this October.

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]]> Paris withdrawal and reentry—the basics https://www.c2es.org/2020/11/paris-withdrawal-and-reentry-the-basics/ https://www.c2es.org/2020/11/paris-withdrawal-and-reentry-the-basics/#respond Tue, 03 Nov 2020 19:13:36 +0000 https://www.c2es.org/?p=12337 The post Paris withdrawal and reentry—the basics appeared first on Center for Climate and Energy Solutions.

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]]> https://www.c2es.org/2020/11/paris-withdrawal-and-reentry-the-basics/feed/ 0 Climate Intervention: The Case for Research https://www.c2es.org/document/climate-intervention-the-case-for-research/ Mon, 26 Oct 2020 13:01:46 +0000 https://www.c2es.org/?post_type=document&p=12315 Climate change policy needs to be able to anticipate and plan for the possibility of rapidly escalating or abrupt changes that dramatically escalate risks to public safety. Achieving net-zero emissions of greenhouse gases is essential to solving the climate change problem. However, due to the climate system’s inertia, even rapid emission reductions may not produce […]

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]]> Climate change policy needs to be able to anticipate and plan for the possibility of rapidly escalating or abrupt changes that dramatically escalate risks to public safety. Achieving net-zero emissions of greenhouse gases is essential to solving the climate change problem. However, due to the climate system’s inertia, even rapid emission reductions may not produce a sufficiently fast response to prevent the climate system from crossing critical thresholds that lead to abrupt and possibly irreversible change. This paper argues that there is an urgent need for research on climate intervention as a potential means of addressing abrupt change, and counters common objections. It argues that research would (1) improve our understanding of the likelihood of abrupt changes and our ability to respond safely and effectively; (2) supply governments, stakeholders, and the public with the information needed to assess and make evidence-based decisions about climate interventions; (3) help address the risks of climate change for future generations and for vulnerable countries, especially those without resources to adapt; and (4) reduce the risk of geopolitical tensions over climate interventions due to uncertainties and mistakes.

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]]> Climate Intervention: The Case for Research Copy https://www.c2es.org/document/climate-intervention-the-case-for-research-copy/ Thu, 01 Oct 2020 16:50:07 +0000 https://www.c2es.org/document/climate-intervention-the-case-for-research-copy/ Climate change policy needs to be able to anticipate and plan for the possibility of rapidly escalating or abrupt changes that dramatically escalate risks to public safety. Achieving net-zero emissions of greenhouse gases is essential to solving the climate change problem. However, due to the climate system’s inertia, even rapid emission reductions may not produce […]

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]]> Climate change policy needs to be able to anticipate and plan for the possibility of rapidly escalating or abrupt changes that dramatically escalate risks to public safety. Achieving net-zero emissions of greenhouse gases is essential to solving the climate change problem. However, due to the climate system’s inertia, even rapid emission reductions may not produce a sufficiently fast response to prevent the climate system from crossing critical thresholds that lead to abrupt and possibly irreversible change. This paper argues that there is an urgent need for research on climate intervention as a potential means of addressing abrupt change, and counters common objections. It argues that research would (1) improve our understanding of the likelihood of abrupt changes and our ability to respond safely and effectively; (2) supply governments, stakeholders, and the public with the information needed to assess and make evidence-based decisions about climate interventions; (3) help address the risks of climate change for future generations and for vulnerable countries, especially those without resources to adapt; and (4) reduce the risk of geopolitical tensions over climate interventions due to uncertainties and mistakes.

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]]> Solar Climate Intervention: Options for International Assessment and Decision-Making https://www.c2es.org/document/solar-climate-intervention-options-for-international-assessment-and-decision-making/ Mon, 13 Jul 2020 15:58:11 +0000 https://www.c2es.org/?post_type=document&p=11900 There is a growing risk that the global response to climate change will be inadequate to avoid an unsafe global climate. There is corresponding interest in exploring the potential need for, and feasibility of, rapid responses to avoid dangerous climate change – such as solar climate intervention (SCI). At the same time, there is concern […]

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]]> There is a growing risk that the global response to climate change will be inadequate to avoid an unsafe global climate. There is corresponding interest in exploring the potential need for, and feasibility of, rapid responses to avoid dangerous climate change – such as solar climate intervention (SCI). At the same time, there is concern that such intervention, if any, be implemented as safely as possible. This paper posits a scenario in which a group of countries seeks a cooperative, science-based approach to decision-making regarding the potential use of SCI, in the context of increasingly dangerous climate conditions, taking into account “two safeties:” the safety of the global climate, and the safety of SCI, if any, in response. The paper surveys the existing institutional landscape to identify the extent to which one or more international forums would be in a position: (1) to produce a high-quality, scientific/technological assessment that would enable informed, objective decisions to be taken on the two safeties, and (2) to take such decisions (pro or con). It concludes that several forums could potentially perform one or more aspects of the scientific/technological assessment function and that the UN Security Council is uniquely placed to take authoritative decisions in a climate emergency situation, but that there is no single international forum (at least as currently configured) that could effectively serve as “one-stop shopping” for both the assessment and decision-making functions.

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]]> Evolving Functions of the UNFCCC https://www.c2es.org/document/evolving-functions-of-the-unfccc/ Fri, 22 Nov 2019 14:00:07 +0000 https://www.c2es.org/?post_type=document&p=10897 Over its 25 history, the UN Framework Convention on Climate Change (UNFCCC) regime has grown tremendously in size and complexity. Much of this evolution has occurred from the bottom-up, through a series of ad hoc, incremental changes. After years of almost continuous negotiation, the completion of the rulebook for implementing the Paris Agreement presents an […]

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]]> Over its 25 history, the UN Framework Convention on Climate Change (UNFCCC) regime has grown tremendously in size and complexity. Much of this evolution has occurred from the bottom-up, through a series of ad hoc, incremental changes. After years of almost continuous negotiation, the completion of the rulebook for implementing the Paris Agreement presents an occasion to take stock of the UNFCCC’s institutions and functions, and to consider in a more systematic, top-down manner how the regime might evolve as its focus shifts from negotiation to implementation. This paper offers three frames for thinking about climate change governance, reviews the UNFCCC’s current functions, assesses its strengths and weaknesses, and presents three versions of how the regime might evolve.

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]]> General Issues in Elaborating the Paris Agreement https://www.c2es.org/document/general-issues-in-elaborating-the-paris-agreement/ Thu, 26 Apr 2018 16:55:45 +0000 https://www.c2es.org/?post_type=document&p=8327 The Paris Agreement establishes a new multilateral architecture guiding countries’ climate change efforts under the U.N. Framework Convention on Climate Change (UNFCCC). Parties are currently negotiating more detailed rules and procedures for implementing the agreement, including provisions addressing transparency, accounting, compliance, use of market-based mechanisms, and periodic assessment of collective progress. These more detailed rules […]

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]]> The Paris Agreement establishes a new multilateral architecture guiding countries’ climate change efforts under the U.N. Framework Convention on Climate Change (UNFCCC). Parties are currently negotiating more detailed rules and procedures for implementing the agreement, including provisions addressing transparency, accounting, compliance, use of market-based mechanisms, and periodic assessment of collective progress. These more detailed rules and procedures—known colloquially as the Paris “rulebook”—are to be adopted in late 2018 at COP 24 in Katowice, Poland. This brief identifies and discusses a set of cross-cutting issues that apply across the full range of decisions to be adopted. These cross-cutting issues are structure, precision, bindingness, differentiation, timing, and inter-linkages among different elements of the Paris rulebook.

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]]> Elaborating the Paris Agreement: Information and Accounting https://www.c2es.org/document/elaborating-the-paris-agreement-information-and-accounting/ Fri, 03 Nov 2017 11:14:36 +0000 https://www.c2es.org/?post_type=document&p=7396 The Paris Agreement’s provisions on mitigation-related information and accounting are intended to promote transparency and environmental integrity, and play a central role in the regime’s architecture. They contain two basic elements: first, general obligations on parties, and second, authorizations to the Conference of the Parties serving as the Meeting of the Parties (CMA) to adopt […]

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]]> The Paris Agreement’s provisions on mitigation-related information and accounting are intended to promote transparency and environmental integrity, and play a central role in the regime’s architecture. They contain two basic elements: first, general obligations on parties, and second, authorizations to the Conference of the Parties serving as the Meeting of the Parties (CMA) to adopt more detailed rules and guidance.

In elaborating additional rules on how parties provide information on and account for their mitigation efforts, an important question is the potential linkages between the various CMA decisions authorized by the Paris Agreement. To the extent the issues addressed in different decisions are inter-related, then arguably they should be developed in a coordinated manner, to avoid inconsistencies and gaps.

This background paper reviews the decisions contemplated by the Paris Agreement on information and accounting by parties relating to mitigation; explores their inter-relationships and the rationales for linkage; and presents different options regarding coordination of the CMA decisions.

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]]> Legal Note: Could a Future President Reverse US Approval of the Paris Agreement? https://www.c2es.org/document/legal-note-could-a-future-president-reverse-us-approval-of-the-paris-agreement/ Thu, 06 Oct 2016 17:52:25 +0000 https://refresh-stg-c2es.pantheonsite.io/?post_type=document&p=1361 Like other treaties, the Paris Agreement includes provisions spelling out the manner in which a party may choose to exercise its right to withdraw. This note summarizes these provisions; relevant provisions of the U.N. Framework Convention on Climate Change (UNFCCC); related international law; and related provisions and practices under U.S. law. It also looks beyond […]

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]]> Like other treaties, the Paris Agreement includes provisions spelling out the manner in which a party may choose to exercise its right to withdraw. This note summarizes these provisions; relevant provisions of the U.N. Framework Convention on Climate Change (UNFCCC); related international law; and related provisions and practices under U.S. law. It also looks beyond these legal considerations at the potential diplomatic ramifications should the United States withdraw from the Paris Agreement.

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]]> Key Legal Issues in a 2015 Climate Agreement https://www.c2es.org/document/key-legal-issues-in-a-2015-climate-agreement/ Tue, 02 Jun 2015 15:01:44 +0000 https://refresh-stg-c2es.pantheonsite.io/?post_type=document&p=1209 In fashioning the new international climate change agreement to be adopted later this year in Paris, parties to the United Nations Framework Convention on Climate Change (UNFCCC)1 must address a range of legal issues. This brief outlines some of the key issues and concludes that: The Paris outcome arguably must include a core legal agreement […]

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]]> In fashioning the new international climate change agreement to be adopted later this year in Paris, parties to the United Nations Framework Convention on Climate Change (UNFCCC)1 must address a range of legal issues. This brief outlines some of the key issues and concludes that: The Paris outcome arguably must include a core legal agreement constituting a treaty under international law; the exact title of the core agreement is legally irrelevant; the agreement can contain both binding and non-binding elements; the legal nature of parties’ nationally determined contributions (NDCs) is independent of where they are housed; and consistency with the UNFCCC does not require that the agreement adopt the same structure.

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