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52 Geo. J. Int'l L. 161 (2020-2021)
The Amazon Is Burning - Is Paris, Too? A Comparative Analysis between the United States and Brazil Based on the Paris Agreement on Climate Change

handle is hein.journals/geojintl52 and id is 164 raw text is: THE AMAZON IS BURNING-IS PARIS, TOO? A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES AND BRAZIL BASED ON THE PARIS AGREEMENT ON CLIMATE CHANGE CAROLINA ARLOTA* ABSTRACT On November 4, 2019, the United States confirmed its withdrawal from the Paris Agreement on Climate Change. The Agreement, which is often cited as the only effective institutional solution to climate change, has been judged an overall success. As such, the United States' withdrawal was a contentious topic, even within the Trump administration. Criticism ensued, both domestically and abroad, after it was announced. Despite this backlash, then-presidential candidate Bolsonaro threatened to mimic President Trump's decision to with- draw. For the moment, President Bolsonaro has limited himself to following President Trump's anti-regulatory policies on environmental issues. These polices will make Brazil unlikely to meet its nationally determined contributions (NDCs). Considering that both presidents were singled out for blocking environmental actions at last year's United Nations Summit on Global Climate Negotiations, this Article presents a comparison of the policy choices of the United States and Brazil regarding the Paris Agreement. The baseline for comparison is the period beginning when the Agreement entered into force (2016), until late 2019, when the United States officially notified its withdrawal. This Article also dis- cusses the impact of clauses in the Brazilian Constitution of 1988 that protect the environment vis-e-vis the silence of its U.S. counterpart. It contrasts the U.S. and Brazilian constitutional experiences, focusing on current litigation involving the Paris Agreement and articulating this unique analysis in light of the constitutional design literature. The examination presented herein fills a void in the international environ- mental law literature, because, to date, no studies comparing the policies of the United States and Brazil with regard to the Paris Agreement have been published. This research is particularly relevant now, as global carbon diox- ide (CO2) emissions are poised to increase again in 2020. This scenario fur- ther advances interest in the United States' withdrawal from the Agreement and related deregulatory measures. Likewise, it increases interest in Brazilian anti-environmental policies, including the conflicting commitment to zero * © 2021, Carolina Arlota. 161

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