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Nagekeken assignment 4 Public International Law WG week 5
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Week 5 Protection of the Environment and the Law of the Sea--------------------------------------------------------------------------------------------------------------------------------------
Question 1
In december 2015, the parties to the UN Framework Convention on Climate Change (UNFCCC)
gathered in Paris to conclude an agreement with the aim to enhance the implementation of the
UNFCCC.
a) What is the principal objective of the UNFCCC?
The principal objective of the UNFCCC is ‘to achieve, in accordance with the relevant
provisions of the Convention, stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference with the
climate system’, based on article 2 UNFCCC.
UNFCCC is first document against climate change. Paris agreement is another step in this
development.
Not to stop, but stabilization / to slow down the process. More time to reduct, to
development.
b) Why is this Convention referred to as a ‘framework convention’?
It is called a framework because there is no general international regime for the protection of
the environment in the form of a general convention. The UNFCCC only contains a few
obligations and it is not terribly ambitious. It was in all likelihood precisely the modesty of
this ambition which helped to secure near-universal participation.
You can be more specific with protocols. It is like a umbrella. Framework with protocols.
It is easier to accept the general obligations which are binding. Protocols to choose of which
they will be bound by the specific obligations.
c) What does the principle of common but differentiated responsibilities mean and how do
the UNFCCC and the Paris Agreement give effect to this principle?
In article 3 paragraph 1 UNFCCC this principle is inscribed. It means that the Parties as a
whole have the obligation to protect the climate system on the basis of equity, but a Party
have more responsibility as the more it is developed.
Also in preamble is to find the principle of common but differentiated responsibilities. Mid
page and two paragraphs below.
In obligations expressed in: article 4 UNFCCC. In the way article 4 is organized. Start with All
parties <> start with development countries.
Development countries have more responsibilities, they are the bigger problem and the have
better financial sources.
Page 360 principle 7 UNFCCC? The two reasons why development countries have more
responsibilities.
--------------------------------------------------------------------------------------------------------------------------
Article 4 of the Paris Agreement gives effect to this principle by saying the peaking of
greenhouse gas emissions will take longer for developing countries.
Preamble in short.
In obligations also article 4 for main obligations. Differentiated: paragraph 6 of article 4.
Organizing of the article also expressed the differentiation.
d) What are the principal obligations of parties under both agreements?
The principal obligations of parties under both agreements is the responsibility not to cause
damage to the environment of other states or to areas beyond national jurisdiction and to
take measures to anticipate, prevent or minimize the causes of climate change and mitigate
its adverse effects.
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