In December 2011, parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Durban Platform for Enhanced Action, which launched a new round of negotiations aimed at developing "a protocol, another legal instrument or an agreed outcome with legal force" for the post-2020 period. The Durban Platform negotiations got underway this year and are scheduled to conclude in 2015. This Viewpoint analyzes the elements of the Durban Platform and the possible role that a new instrument might play.
Geoengineering grows in salience, the more time that passes without an effective international regime for mitigating climate change. It will be in the background of negotiations at COP 17 in Durban—and, perhaps, in the foreground of some important discussions. This discussion paper by Daniel Bodansky explores the opportunities and risks presented by geoengineering, as well as the particular challenges to crafting an effective system of governance for this set of approaches to addressing climate change
The Kyoto Protocol establishes a very complex and ambitious regime, in architecture if not stringency. The problem is that relatively few states, representing only about a quarter of the world's emissions, have been willing to assume emission targets under Kyoto....The future of the Protocol thus seems doubtful at best. Even in the most optimistic scenario, a new round of emissions targets couldn't be agreed in time to prevent a legal gap between the first and second commitment periods. A possible middle ground would be to establish a transitional regime that would be political in nature, but that could evolve over time into a legally-binding regime.
"...[T]he Copenhagen Accord is "only" a political agreement, so it does not provide sufficient assurance that countries will take action. But how much difference does it make that the Copenhagen Accord is a political rather than a legal agreement? Obviously, political agreements do not require domestic ratification, so they provide a weaker signal of domestic commitment. But the legal versus non-legal form of an instrument makes less of a difference in other respects, such as judicial enforcement, since even when an agreement is legally-binding, there are relatively few opportunities for adjudication either internationally or domestically. And evidence from other regimes suggests that states often take non-binding agreements quite seriously and make significant efforts to implement them."