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17 Geo. J. Int'l Aff. 47 (2016)
Climate Change, Human Rights, and COP 21: One Step Forward and Two Steps Back or vice versa?

handle is hein.journals/geojaf17 and id is 184 raw text is: 









Climate Change,

Human Rights,

and COP 21

One Step Forward and
Two Steps Back or Vice
Versa?

Sumudu Atapattu

December 12 was in many ways

        a historic day for climate nego-
        tiations. After months of antici-
pation, the president of the Twenty-First
Conference of Parties (COP 21), Laurent
Fabius, announced that the Paris Agreement
on Climate Change had been adopted.' The
reactions were generally positive; the French
president applauded the ambitious agree-
ment, the UN  secretary general was of the
view that it was a resounding success for
multilateralism,2 and the executive secre-
tary of UN Framework Conference on Cli-
mate Change (UNFCCC) stated,  We  have
made history together.3 However, although
many were relieved that the meeting did not
end with a debacle similar to that in Copen-
hagen in 2009, there is reason to be skepti-
cal of the efficacy of a heavily diluted final
agreement.
   Much   anticipation surrounded   the
Twenty-First Conference to the UNFCCC
in Paris, as many thought that it was the last
opportunity to address climate change in a
meaningful manner. Scientists have spoken:
the latest report of the Intergovernmental


Panel on  Climate Change   (IPCC)-the
body of scientists appointed by the UN to
synthesize research on climate change-en-
dorsed unequivocally (beyond 95 percent
certainty) that climate is changing, it is
changing now, and that it is a man-made
problem particularly due to our use of fossil
fuels, ending years of debate surrounding the
issue.4 While deniers will continue to ques-
tion this conclusion for their own personal
and political gains, scientific uncertainty no
longer provides a viable excuse. The IPCC
concluded that if the emissions of green-
house gases resulted in an increase in the
global temperature of more than 2 degrees
Celsius, the consequences on people and the
planet would be catastrophic.5 Furthermore,
a World Bank report issued an urgent plea
to reduce greenhouse gas emissions, noting
that the commitments made by the interna-
tional community are not sufficient to limit
the temperature rise to not more than 2 de-
grees Celsius.' Previous attempts at adopt-
ing a binding agreement as a successor to
the Kyoto Protocol, which was set to expire
in 2012, were unsuccessful, including the
much  publicized Copenhagen Accord.7 The
parties finally extended the Kyoto Protocol
to another commitment period but pledged
to adopt an agreement that would become
operational in 2020 by 2015.8 Thus, much
was riding on the Paris Conference, which
became  the site of action and anticipation
in many ways.


SUMMER/FALL  2016, VOLUME  XVII, NUMBER II 47


Sumudu Atapattu is the director of research centers at the University of Wisconsin Law School. She is also the lead
counsel on human rights at the Center for International Sustainable Development Law.

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