BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA


https://doi.org/10.21684/2412-2343-2016-3-3-8-42

Full Text:


Abstract

The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.

The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS) in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of renewable technologies in BRICS countries, it can take a leadership position in the group. Third, in the international process of tackling climate-related issues BRICS should act as a bloc. Russia’s distancing itself from its partners is considered a deficiency in strengthening the BRICS countries’ role in global governance. BRICS are capable of serving as a vigorous platform in driving climate change negotiations leading to effective binding regulations in 2020–2030 and, provided that the countries cooperate successfully, BRICS will carry the combined weight of the entire group in the global arena.


About the Authors

E. Gladun
Tyumen State University
Russian Federation

LL.Lic, Associate Professor, Finance and Public Law Department, Executive Editor of the BRICS Law Journal,

6 Volodarskogo Str., Tyumen, 625003



D. Ahsan
University of Southern Denmark
Denmark

PhD, Assistant Professor, Department of Environmental and Business Economics, Researcher, Danish Centre for Risk and Safety Management,

Niels Bohrs Vej 9, DK-6700 Esbjerg,

daahsan@yahoo.com



References

1. Ларсен А.Х. и др. Изменение климата и возможности низкоуглеродной энергетики в России [Larsen A.H. et al. Climate Change and the Possibility of LowCarbon Energy in Russia] (Мoscow: RSEU, 2012).

2. Русакова Ю.А. Климатическая политика Российской Федерации и решение проблем изменения глобального климата, 1(40) Вестник МГИМО-Университета 170 (2015) [Rusakova Yu.A. Russian Climate Policy and Addressing Global Climate Change, 1(40) Herald of the MGIMO-University 170 (2015)].

3. Трифонов В.И. Взаимодействие стран БРИКС в международных структурах [Trifonov V.I. Interaction of the BRICS Countries in International Structures] in Стратегия России в БРИКС: цели и инструменты [Russia’s Strategy in BRICS: Objectives and Instruments] (V.A. Nikonov, G.D. Tolorai, eds., Мoscow: PFUR, 2013).

4. Andonova L.B. & Alexieva A. Continuity and Change in Russia’s Climate Negotiations Position and Strategy, 12(5) Climate Policy 614 (2012).

5. Burger M. et al. Rethinking Sustainability to Meet the Climate Change Challenge, 43 Envtl. L. Rep. News & Analysis 10342 (2013).

6. Carlarne C. Risky Business: The Ups and Downs of Mixing Economics, Security and Climate Change, 10 Melb. J. Int’l. L. 439 (2009).

7. Davidson Ladly S. Border Carbon Adjustments, WTO-law and the Principle of Common but Differentiated Responsibilities, 12 International Environmental Agreements 63 (2012).

8. Depledge J. & Yamin F. The Global Climate Change Regime: A Defence in The Economics and Politics of Climate Change 433 (D. Helm & C. Hepburn, eds., Oxford University Press 2009).

9. Duggan N. BRICS and the Evolution of a New Agenda Within Global Governance in The European Union and the BRICS. Complex Relations in the Era of Global Governance (M. Rewizorski, ed., Springer International Publishing Switzerland, 2015).

10. Heggelund G. China’s Climate Change Policy: Domestic and International Developments, 31(2) Asian Perspective 166 (2007).

11. Korppoo A. Russia’s Climate Commitments: Which GDP Growth Contributes to Emissions?, International Association for Energy Economics 23 (2010).

12. Leal-Arcas R. BRICS and Climate Change, 4(1) International Affairs Forum 1 (2013).

13. Morel R. & Shishlov I. Ex-Post Evaluation of the Kyoto Protocol: Four Key Lessons for the 2015 Paris Agreement, 44 Climate Report (2014).

14. Nobbe C. Universality, Common but Differentiated Responsibilities and the Sustainable Development Goals, SWP Working Paper (Berlin, 2015).

15. Pollock J.M. & Jemison J.S. The Emerging of International Environmental Law, 195-Feb. New Jersey Lawyer 25 (1999).

16. Rong F. Understanding Developing Country Stances on Post-2012 Climate Change Negotiations: Comparative Analysis of Brazil, China, India, Mexico, and South Africa, 38(8) Energy Policy 4582 (2010).

17. Sarma K.M. Compliance with the Montreal Protocol in Making Law Work: Environmental Compliance & Sustainable Development Volume 1 287 (D. Zaelke at al., eds., London: Cameron May, 2005).

18. The Montreal Protocol: Celebrating 20 Years of Environmental Progress: Ozone Layer and Climate Protection (D. Kaniaru, ed., London: Cameron May, 2007).

19. The Response of China, India and Brazil to Climate Change: A Perspective for South Africa (University of Oxford: Smith School of Enterprise and the Environment, 2012).

20. Wiener J.B. Global Environmental Regulation: Instrument Choice in Legal Context, 108 Yale Law Journal 677 (1999).

21. Xing L. The BRICS and Beyond: The International Political Economy of the Emergence of a New World Order (Routledge, 2014).


Supplementary files

For citation: Gladun E., Ahsan D. BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA. BRICS Law Journal. 2016;3(3):8-42. https://doi.org/10.21684/2412-2343-2016-3-3-8-42

Views: 665

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)