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32 U. Pa. J. Int'l L. 457 (2010-2011)
Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage

handle is hein.journals/upjiel32 and id is 461 raw text is: CLIMATE CHANGE, FRAGMENTATION, AND THE CHALLENGES OF GLOBAL ENVIRONMENTAL LAW: ELEMENTS OF A POST-COPENHAGEN ASSEMBLAGE WILLIAM BOYD* ABSTRACT The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancdin Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little has been particularly helpful in marking out a constructive way forward. This Article takes some steps in that direction, offering a partial re-conceptualization of the nature and possibilities of global climate governance in the post-Copenhagen era. It starts from the premise that any realistic approach to climate governance must begin with the facts of globalization, legal * Associate Professor of Law, University of Colorado Law School. J.D. Stanford Law School; Ph.D. University of California, Berkeley, Energy & Resources Group. Many thanks to Ann Carlson, Brigham Daniels, Dan Kahan, Sarah Krakoff, Doug Kysar, Andrew Long, Catherine O'Neill, Jed Purdy, Carol Rose, J.B. Ruhl, Jim Salzman, and Anna Spain for helpful comments. Vanessa Finch and Katie Patterson provided excellent research assistance. This Article benefitted from presentations and discussion at the Stanford Law School Environment & Energy Workshop and the Colorado-Duke Climate Change Law & Policy Works-in-Progress Symposium. Some of the underlying research for this Article draws on work that I have been conducting since 2008 as senior advisor and project lead for the Governors' Climate and Forests Task Force (GCF). That work has been generously supported by the Gordon & Betty Moore Foundation, the David & Lucille Packard Foundation and the ClimateWorks Foundation. All of the views expressed in this Article are my own and do not reflect the views or opinions of the GCF, its member states and provinces, the foundations supporting the GCF, or any of the people involved in the GCF effort. 457

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