International environmental law was founded at the Stockholm Conference on the Human Environment on the idea of the different contributions of ‘Northern’ and ‘Southern’ states to environmental damage and their differentiated responsibilities to address those harms. Nevertheless, the history of development of international environmental law, and especially of international climate governance, has often reflected a Northern bias. The 2015 Paris Agreement arguably brought a more balanced perspective, while also introducing a new ‘hybrid’ architecture based on parties’ nationally determined contributions to the global climate response, that opened up space for the scrutiny of domestic climate policies including through climate litigation. While originally a ‘Northern’ phenomenon, climate litigation since the Paris Agreement negotiations has grown quickly in many Southern jurisdictions. This chapter reflects on this evolution in international climate governance – from the initial mentions of climate concerns in the Stockholm outcomes to modern-day climate litigation in the global South – as a way of understanding changing South-North dynamics in international environmental law.

This chapter takes stock of the evolution of the trade-environment nexus, focusing on the legal protection of the atmosphere. It offers a brief historical overview of the trade-environment debate, zooming in on the 1972 Stockholm Conference on the Human Environment. It then discusses the rationale, functioning, and legality of (1) multilateral trade measures incorporated in the 1987 Montreal Protocol and (2) unilateral trade measures adopted with a view to protecting the climate. The main conclusion is that, while much has changed since the Stockholm Conference – with new international legal regimes coming into being and many more trade-related environmental measures being adopted – some things have stayed the same, with North-South tensions continuing to form the main backdrop for trade-environment interactions and continuing uncertainty about the forum in which these interactions should be addressed.

This chapter explores the progress of international climate law since the 1972 Stockholm Conference. Climate change threatens the very kind of massive and irreversible harm to the environment that the conference sought to prevent. The chapter shows first that customary international law, while imposing harm prevention obligations on states, has not kept pace with the global, intertemporal, and developmental dimensions of climate change. The chapter then offers a brief account of the evolution of the global climate regime launched by the 1992 UN Framework Convention on Climate Change. As the discussion will illustrate, 30 years later, the regime continues to wrestle with the complexities of the climate challenge, including difficult burden-sharing questions and the fraught relations between North and South. The 2015 Paris Agreement, which introduced a new approach to international climate governance, is a response to these complexities

This chapter discusses the relationship between WTO law and other public international law (PIL), focusing on the interpretation of WTO law through the lens of the Vienna Convention on the Law of Treaties (VCLT). It examines how WTO dispute settlement bodies have approached non-WTO law, particularly in the context of treaty interpretation and potential conflicts between legal regimes. The chapter argues that while the VCLT provides a framework for interpretation, it has limitations in addressing conflicts between different agreements, as illustrated by the interaction between the Paris Agreement and the WTO. The authors contend that legislative solutions within the WTO are necessary to address these conflicts and ensure the WTO’s continued relevance in the face of global challenges like climate change.

This chapter discusses the intricate dynamics of environmental governance, emphasising the evolution from traditional top-down approaches to contemporary multi-actor networks. It begins with a historical overview of environmental policymaking over the past five decades, highlighting key milestones such as the 1972 United Nations Conference on the Human Environment and subsequent treaties like the Kyoto Protocol and the Paris Agreement. The chapter explores the roles of various actors in shaping environmental governance. It highlights the importance of equitable power distribution and social justice in environmental decision-making. Through examples from China, Brazil and Africa, the chapter illustrates the challenges and successes of implementing environmental governance in diverse contexts. The discussion extends to marine protected areas (MPAs) as an example of collaborative governance, emphasising the need for inclusive and participatory strategies. The chapter concludes by examining the role of local networks and social capital in promoting sustainable practices, reinforcing the interconnectedness of environmental governance and social structures.

Chapter 7 examines climate change as a transnational and existential threat to humanity generally, and to certain smaller and vulnerable states most dramatically. Since it poses an existential threat to low-lying coastal states and raises the frequency and intensity of extreme weather events, Chapter 7 makes the case that climate change should be understood to trigger duties of international cooperation.

This chapter presents agreements between Indigenous peoples and governments, specifically those in Bangladesh and Mexico that focus on their roles in promoting sustainable development. The introduction sets the stage for subsequent discussions by emphasizing the importance of global legal and policy frameworks in shaping these agreements, with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the global Sustainable Development Goals (SDGs). The two case studies from Bangladesh and Mexico are then analysed, shedding light on the unique characteristics, provisions, and outcomes of agreements between Indigenous peoples and governments in these contexts. A comparative analysis is conducted to identify commonalities, differences, and lessons learned from these case studies. Ultimately, the chapter concludes by highlighting the significance of ongoing dialogue, collaboration, and respect for Indigenous rights in achieving sustainable development goals globally. It underscores the importance of incorporating Indigenous perspectives and aspirations into the design and implementation of such agreements.

Scientists have long warned about the severe environmental consequences if global temperatures continue to rise. According to the 2021 IPCC report, the Earth's temperature has increased by 1.1°C above preindustrial levels, and the world is projected to exceed 1.5°C within two decades, even with emission reduction efforts. International initiatives, starting with the 1992 UNFCCC and the 1997 Kyoto Protocol, laid the groundwork for climate action. The 2015 Paris Agreement, a pivotal moment, set a goal to limit warming to below 2°C, ideally 1.5°C, through nationally determined contributions (NDCs). Addressing climate change requires systemic shifts in economic structures, moving away from fossil fuels toward renewable energy, promoting decarbonization, and emphasizing resource efficiency. While transitioning to a low-carbon economy poses initial costs, the long-term benefits include reduced environmental damage, better health, and enhanced energy efficiency. The ongoing global cooperation and economic transformation are crucial for mitigating climate change impacts.

The physical science portion of the Summary for Policymakers of the latest assessment report of the Intergovernmental Panel on Climate Change states that the best estimate of climate sensitivity, defined as the warming expected at equilibrium from doubling the amount of carbon dioxide in the atmosphere, is 3 degrees Celsius (or 5.4 degrees Fahrenheit). It also states that the global average surface temperature will continue to increase until at least the middle of the current (twenty-first) century. Recalling that the Paris Agreement of 2015 specified a goal or target of limiting warming to 2 degrees Celsius (or 3.6 degrees Fahrenheit), with an even more ambitious aspirational goal of 1.5 degrees Celsius (or 2.7 degrees Fahrenheit), this Summary for Policymakers states that neither of these goals will be met during the twenty-first century unless deep reductions in emissions occur. The report also states that many of the climate changes caused by greenhouse gas emissions cannot be reversed and will persist for hundreds or thousands of years. It cites global sea level rise and the loss of ice sheets and glaciers as examples of changes that will be irreversible on human time scales.

This chapter embarks on an in-depth exploration of the evolving role played by the Gulf States, particularly Saudi Arabia, Qatar, and the UAE, within international climate negotiations. This chapter sketches the evolving trajectory of the Gulf states’ engagement with climate change and traces their metamorphosis from a position of initial resistance toward a more proactive, albeit strategically calculated, form of participation. This chapter also provides an analysis of the intricate process of reconciliation undertaken by these hydrocarbon-reliant economies in the face of mounting international pressure for demonstrably dedicated climate action. By illuminating the diplomatic maneuvers and strategic considerations employed by the GCC states during negotiations, the chapter exposes the delicate balancing act they undertake between safeguarding their economic interests and fulfilling the demands of global climate change mitigation.

Air pollution related to greenhouse gases (GHGs) is a threat to the climate system, which is changing – a change that is bound to affect the survival of entire states and populations. The enclosure of the air has been inclusionary since it was realized that the reduction of emissions by some states will not do much to improve air quality or abate climate change if other states continue to pollute. The same is true with regard to the enclosure of the ozone layer, since the elimination of ozone-depleting substances (ODSs) by some states will be fruitless if other states continue to produce and consume ODSs. In the ozone and climate change regimes, developed countries have been willing to provide side payments to developing states for joining in and for outlawing ODSs and reducing their GHGs. Other issues examined in this chapter include: the politics of green energy transition in connection with the mining of rare earths and minerals and revival of nuclear energy, and the transboundary air pollution regime – an effective inclusionary enclosure.

Negotiations in Paris provoke both optimism about an end to the American participation in the war and pessimism regarding the consequences of continued conflict in the south. The Harrisburg Seven call national attention to radical peace action. Nixon’s campaign against antiwar Senator George McGovern divides Catholics, a majority of whom vote for the Republican Nixon. The Christmas bombings call forth condemnation from antiwar Catholics. Some Catholic leaders call for amnesty for draft evaders while others oppose it. This raises the issue of national reconciliation. America’s exit from the war calls forth assessments about the conflict and its meaning.

Three potential climate futures — 1.5 °C, 2 °C, and 3.6 °C — are predicted by the UNFCCC’s ‘climate action pathways’, each with major and escalating implications for adaptation and mitigation. Marina Romanello, Co-Lead Health Editor for The Monitor, highlights the dangers of anything above a 1.5 °C scenario, emphasizing increased health risks and economic damages. The chapter outlines the CVF Monitor’s projections for each of the three scenarios and discusses the significant differences in outcomes depending on global warming levels. Stressing the importance of adhering to international agreements like the Paris Agreement, immediate and substantial emissions reductions are crucial to avoid catastrophic impacts. The chapter underscores the need for global cooperation in achieving these goals.

The history of global climate governance can be seen as a series of politicization conflicts. Countries seek to either legitimize and strengthen hard-won global rules or reinterpret or replace them. This chapter focuses on one such conflict, whether to replace or protect the Kyoto Protocol. This conflict primarily pitted the United States against the EU, but each drew other countries into their side of the conflict. By focusing on one conflict, this chapter provides insights into how processes and strategies of politicization unfold in international politics. Countries employed a range of tools, rhetorical and behavioral, to question or support the Kyoto Protocol inside and outside the negotiation process. Several of these strategies are currently employed in relation to the Paris Agreement, marking another politicization conflict.