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27 N.Y.U. Envtl. L.J. 107 (2019)
Balancing Equity and Effectiveness: The Paris Agreement & the Future of International Climate Change Law

handle is hein.journals/nyuev27 and id is 115 raw text is: BALANCING EQUITY AND EFFECTIVENESS: THE PARIS AGREEMENT & THE FUTURE OF INTERNATIONAL CLIMATE CHANGE LAW CINNAMON P. CARLARNE & JD COLAVECCHIO* International climate change law is approaching its third decade of existence, yet global greenhouse gas emissions continue to increase. Absent more effective efforts to limit emissions, the range and magnitude of negative impacts climate change gives rise to will continue to deepen, posing pervasive threats to human and natural systems worldwide. The 2015 Paris Agreement offers the parameters for a new approach to climate change law premised on inclusiveness and voluntary cooperation, but it continues to reflect collective discord over how to achieve progress in a fair and equitable way. This Article examines the normative framework underlying the international climate change regime and the way in which the Paris Agreement seeks to create a more cohesive and cooperative strategy to simultaneously mitigate climate change and move towards a more just world. This Article suggests that the Paris Agreement signals a modest but important shift in the normative framework of international climate change law and argues that this shift creates an opportune moment to examine the degree to which evolving concepts of justice, equity, and fairness underlie and advance the goals of international climate change law. In key part, this Article suggests that the exclusion of justice from international climate change law * Cinnamon P. Carlarne is the Alumni Society Designated Professor of Law, Moritz College of Law, The Ohio State University. JD Colavecchio is an Associate at Cleary Gottlieb Steen & Hamilton LLP, New York, and a 2018 graduate of the Moritz College of Law, The Ohio State University. Many thanks to Holly Doremus, Eric Biber, Alice Kaswan, Mohamed Helal, Paul Rose, and Marc Spindelman for their thoughtful comments and insights on this article. We also want to thank the participants in the Berkeley Environmental Law Colloquium, at which an earlier version of this article was presented, and the participants at the workshop on Regulating the Energy Transition: Issues at the Intersection of Energy and Environment at the University of Oxford, where the ideas for this article were first shared. 107 Imaged with Permission of N.Y.U. Environmental Law Journal

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