About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

36 Monash U. L. Rev. 278 (2010)
Climate Change and the Copenhagen Legacy: Where to from Here

handle is hein.journals/monash36 and id is 280 raw text is: CLIMATE CHANGE AND THE COPENHAGEN LEGACY: WHERE TO FROM HERE? ROWENA CANTLEY-SMITH* I INTRODUCTION In December 2009, State Parties to the United Nations Framework Convention on Climate Change' ('UNFCCC') and the Kyoto Protocol to the United Nations Framework Convention on Climate Change' ('Kyoto Protocol') met in Copenhagen, Denmark, for the latest annual Conference of Parties ('COP15/ CMP5').3 The centrepiece on the negotiation table was supposed to be a draft international instrument, intended to replace the existing Kyoto Protocol after it expires, in terms of its current international commitments, at the end of 2012. Prior to this meeting, a 'climate deal in Copenhagen' was said to be 'an unequivocal requirement to stop climate change from slipping out of control'.4 Despite such claims, at the conclusion of these recent United Nations climate change negotiations it became apparent that achieving consensus on a completely new functional international climate change agreement is proving to be a much harder task to achieve than previously anticipated.' From one perspective, the final agreement, known as the Copenhagen Accord, is little more than political rhetoric evidencing the power play of international relations at its worst.6 By contrast, in light of the extensive discord between State Parties, securing an agreement of any sort confirms a successful outcome of the Copenhagen meeting. Regardless, failing to agree on a comprehensive new climate change treaty raises a serious question mark over the likely effectiveness of climate change strategies and greenhouse gas mitigation and abatement measures. Restraining future increases in global temperature to levels as or below the widely touted * Lecturer, Faculty of Law, Monash University and Barrister, the Victorian Bar. I United Nations Framework Convention on Climate Change, opened for signature 4 June 1992, 1771 UNTS 107, art 7(4) (entered into force 21 March 1994) (UNFCCC'). 2 Kyoto Protocol to the United Nations Framework Convention on Climate Change, opened for signature 16 March 1998, 2303 UNTS 148 (entered into force 16 February 2005) ('Kyoto Protocol'). 3 The COP is the principal supervisory body under the UNFCCC, opened for signature 4 June 1992, 1771 UNTS 107, art 7(4) (entered into force 21 March 1994) whilst the CMP, known more specifically as the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, is the principal supervisory body under the Kyoto Protocol. For detailed information on these key bodies and the full texts of these international climate change law instruments see UNFCCC <http://unfccc.int/2860.php> at 22 July 2010. 4 Yvo de Boer, UNFCCC Executive Secretary, Press Briefing (Bonn, Germany, 14 August 2009). 5 In 2009 the first three rounds of formal negotiations and informal consultations on a new climate change instrument took place in Bonn, 29 March-8 April and 10-14 August. Two further sessions were held prior to Copenhagen, namely 28 September-9 October in Bangkok and 2-6 November in Barcelona. See UNFCCC, Meetings Archive <http://unfccc.int/meetings/archive/items/2749.php> at 22 July 2010. 6 For full text, see 'Decision 2/CP.15' in UNFCCC, Report ofthe Conference ofthe Parties on its Fifteenth Session, held in Copenhagen form 7 to 19 December - Decisions Adopted by the Conference of the Parties, UN Doc FCCC/CP/2009/ 1/Add.1 (2009) ('COP Fifteenth Session').

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most