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International Environmental Law-Making and Diplomacy Review 2015 International Environmental Law-making and Diplomacy Review International and Diplomacy Review Environmental Law-making The articles in the present Review are based on lectures given during the twelfth University of Eastern Finland – UNEP Course on Multilateral Environmental Agreements, which was held from 2 to 12 November 2015 in Shanghai, China. The special theme of the course was “Climate Change”. The aim of the Course was to convey key tools and experiences in the area of international environmental law- making to present and future negotiators of multilateral environmental agreements. International Environmental Law-making In addition, the Course served as a forum for fostering North-South co-operation and Diplomacy Review and for taking stock of recent developments in the negotiation and implementation of multilateral environmental agreements and diplomatic practices in the field. The lectures were delivered by experienced hands-on diplomats, government officials and members of academia. The Course is an event designed for experienced 20 15 government officials engaged in international environmental negotiations. In addition, other stakeholders such as representatives of non-governmental organizations and the private sector may apply and be selected to attend the Course. Researchers and academics in the field are also eligible. 2 0 1 5 University of Eastern Finland United Nations Environment Programme (UNEP) Joensuu Campus Law Division Department of Law P.O. Box 305521 P.O. Box 111 Nairobi FI-80101 Joensuu Kenya Finland E-mail: [email protected] E-mail: [email protected] http://www.unep.org/delc/ http://www.uef.fi/unep ISSN 1795-6706 ISSN 1799-3008 (electronic version) ISBN 978-952-61-2276-2 University of Eastern Finland – UNEP Course Series 15 ISBN 978-952-61-2277-9 (electronic version) ISSNL 1795-6706 International Environmental Law-making and Diplomacy Review 2015 Ed Couzens, Tuula Honkonen and Melissa Lewis (editors) UNIVERSITY OF EASTERN FINLAND – UNEP COURSE SERIES 15 University of Eastern Finland Joensuu, Finland, 2017 University of Eastern Finland – UNEP Course Series 15 Publisher Law School University of Eastern Finland Joensuu Campus P.O. Box 111, FI-80101 Joensuu, Finland Editors Ed Couzens, Tuula Honkonen and Melissa Lewis Editorial Sylvia Bankobeza, Michael Kidd, Tuomas Kuokkanen, Board Elizabeth Maruma Mrema, Barbara Ruis Contact Law School/UNEP Course University of Eastern Finland Joensuu campus P.O. Box 111, FI-80101 Joensuu, Finland Tel : +358 50 5207613 E-mail: [email protected] Website: <http://www.uef.fi/unep/> UN Environment Law Division P.O. Box 305521, Nairobi, Kenya Tel: +254 20 7624011 E-mail: [email protected] Website: <http://www.unep.org/delc/> Sales and University of Eastern Finland Exchanges Joensuu Campus Library/Publication Sales P.O. Box 107, FIN-80101 Joensuu, Finland Tel.: +358 294 45 8145 E-mail: [email protected] Website: <http://www.uef.fi/en/web/kirjasto> ISSN 1795-6706 ISSN 1799-3008 (electronic version) ISBN 978-952-61-2276-2 ISBN 978-952-61-2277-9 (electronic version) ISSN 1795-6706 Cover Design Leea Wasenius Layout Grano Oy Grano Oy Jyväskylä 2017 ii CONTENTS Foreword ...............................................................................................................v Editorial preface ..................................................................................................vii Part I Introduction to the International Climate Change Regime ........................xix The United Nations Climate Change Regime: A Brief History ...................1 Daniel Bodansky Part II Climate Change-related Issues of Global Relevance .................................... 13 Climate Change and the 2030 Agenda for Sustainable Development – Tackling Challenges with the SDGs ..........................................................15 Jamil Ahmad Climate Finance under the UNFCCC ......................................................39 Erik Haites The ‘Securitization’ of Climate Change: Relevance and Implications for the Global Climate Regime .................................................................55 Mohamed Behnassi Governance and Disaster Risk Reduction .................................................89 Karen Mrema Part III Climate Change-related Issues of Specific Relevance ................................ 103 South-South Cooperation on Climate Change: UNEP-China Collaboration as an Example ..................................................................105 Chao Fu South-South Cooperation: An Emerging Dimension of the Global Response to Climate Change ..................................................................117 Silvia Cazzetta iii Climate Change and Adaptation in Kyrgyzstan ......................................135 Oksana Lipka Sex, Sea Turtles, and Missed Opportunities: Biodiversity-related Provisions in the Paris Agreement ...........................................................157 Ed Couzens Part IV Interactive Negotiation Skills in the Area of Climate Change................... 183 The Shanghai Negotiations – A Multilateral Simulation Exercise: The 2015 Paris Agreement to Strengthen Action on Climate Change .....185 Tuula Honkonen and Harro van Asselt iv FOREWORD The compilation of papers in the present Review is based on lectures presented during the twelfth University of Eastern Finland – UNEP Course on Multilateral Environmental Agreements (MEAs), held from 2 to 12 November 2015 in Shang- hai, China. The publication is aimed at equipping present and future negotiators of MEAs with information and experiences of others in the area of international environmental law-making in order to improve the impact and implementation of these key trea- ties. The ultimate aim is to strengthen and build environmental negotiation capacity and governance worldwide. For the past twelve years the University of Eastern Finland (previously, the Univer- sity of Joensuu) has partnered with the United Nations Environment Programme to conduct a training course on MEAs annually, with each Course focusing on a specific theme. From each Course, selected papers written by lecturers and partic- ipants have, after a rigorous editing process, been published in the Course Review (2004–2014), for the benefit of both course participants and a wider audience, who are able to access these publications through the internet.1 Since each MEA Course has a distinct thematic focus, the Reviews address a range of specific environmental issues, in addition to providing more general observations regarding international environmental law-making and diplomacy. The focus of the 2015 course was ‘Climate Change’, and the current Review builds upon the existing body of knowledge in this area. The material presented in this Review is intended to expose readers to a variety of issues regarding the international climate change regime. This compilation informs negotiators of options available to them when developing instruments to address climate change, which in turn inform policy choices that can enhance bilateral and multilateral cooperation in addressing this issue. We are grateful to all the contributors for the successful outcome of the twelfth Course, including the lecturers and authors who transcribed their presentations to compile the Review. We would also like to thank Ed Couzens, Tuula Honkonen and 1 For an electronic version of this volume, and of the 2004–2014 Reviews, please see the University of Eastern Finland – UNEP Course on Multilateral Environmental Agreements website, <http://www.uef. fi/unep>. v Melissa Lewis for their skilful and dedicated editing of the Review, as well as the members of the Editorial Board for providing guidance and oversight throughout this process. Professor Jukka Mönkkönen Rector of the University of Eastern Finland Elizabeth Maruma Mrema Director, Law Division, UN Environment vi EDITORIAL PREFACE 1.1 General introduction The lectures given on the twelfth annual University of Eastern Finland2 – United Nations Environment Programme (UNEP) Course on Multilateral Environmental Agreements, from which most of the papers in the present Review originate, were delivered by experienced diplomats, members of government and senior academics.3 One of the Course’s principal objectives is to educate participants by imparting the practical experiences of experts involved in international environmental law-making and diplomacy – both to benefit the participants on each Course and to make a wider contribution to knowledge and research through publication in the present Review. The papers in this Review and the different approaches taken by the authors therefore reflect the professional backgrounds of the lecturers, resource persons and participants (some of whom are already experienced diplomats). The papers in the various Reviews, although usually having particular thematic focuses, present var- ious aspects of the increasingly complicated field of international environmental law-making and diplomacy. It is intended that the current Review will provide practical guidance, professional perspective and historical background for decision-makers, diplomats, negotiators, practitioners, researchers, role-players, stakeholders, students and teachers who work with international environmental law-making and diplomacy. The Review encom- passes different approaches, doctrines, techniques and theories in the field, including international environmental governance, international environmental law-making, environmental empowerment, and the enhancement of sustainable development generally.
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