Developed Country Commitments on Climate Finance: Constructive Ambiguity or Legally Binding Obligations? : Legal Analysis of the Climate Finance Commitments in the Global Climate Change Regime

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http://urn.fi/URN:NBN:fi:hulib-202101161280
Title: Developed Country Commitments on Climate Finance: Constructive Ambiguity or Legally Binding Obligations? : Legal Analysis of the Climate Finance Commitments in the Global Climate Change Regime
Author: Saarela, Lasse
Contributor: University of Helsinki, Faculty of Law
Publisher: Helsingin yliopisto
Date: 2020
Language: eng
URI: http://urn.fi/URN:NBN:fi:hulib-202101161280
http://hdl.handle.net/10138/324744
Thesis level: master's thesis
Discipline: Ympäristöoikeus
Environmental law
Miljörätt
Abstract: The aim of this study is to provide analyse the financial commitments of developed country parties under the Global Climate Change Regime (GCCR) and how these commitments promote the objectives of the regime. In the first part of this research I examined GCCR and the regulation process that takes place under it. GCCR is a specialized regime that operate semi-autonomously and as such contributes to the fragmentation of international law. This part is followed a brief overview of the evolution of the financial commitments within the GCCR. The I illustrate the significant change in the level of operationalisation brought on by the Copenhagen Accord and subsequent COP decisions. The analysis itself is done in two parts. The first half of utilizes the legal dogmatic research method to examine the individual provision on providing, mobilizing and reporting climate finance. The second part of also utilizes the legal dogmatic. The analysis is concentrated on the objectives of GCCR and the role of CF has in promoting these objectives. In the final part of this research I explore the possible options to enhance the effectiveness with principles of international law and customary law. The result of the analysis is that there has been much development in operationalization of the financial commitments after the Copenhagen Accord. The operationalization is however incomplete. This is due to several factors. Firstly, term climate finance lacks agreed definition which makes measuring the financial flows accurately difficult. Secondly, the obligation to provide climate finance is a collective procedural obligation which cannot be transformed to obligations for individual states before burden sharing agreement is reached. The principles of international law can be used to guide the parties in deciding what is fair and equitable burden sharing, but they alone cannot be used to remedy the absence of agreed definition and burden sharing agreement. The commitments on climate finance are ambiguous and the sums of remain arbitrary. Compliance assessment on individual state on its commitments is nearly impossible. The current climate finance framework of the GCCR is disconnected from the objectives of the regime does little to promote them.
Subject: Climate Finance
Climate Law


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