International Environmental Agreements-Politics Law and Economics

Beyond intergovernmental cooperation: domestic politics of transboundary air pollution in Korea and Singapore
Song AY
This study explores why the implementation of domestic environmental policies that tackle transboundary air pollution has been undermined by comparing the cases of the Republic of Korea (Korea) and Singapore. Heavy smog recurs in Korea and Singapore every year despite various attempts to reduce air pollution through the signing of environmental cooperation agreements and the introduction of domestic measures. While existing scholarship has examined intergovernmental cooperation aimed at mitigating transboundary air pollution, this study focuses on domestic factors affecting policy implementation processes at the national level. How do domestic factors shape governmental policy actions within environmental cooperation agreements in the cases of Korea and Singapore? I employed a process-tracing method to analyze the entanglement of domestic stakeholders from the late 1990s to 2019. By drawing upon domestic politics theory, I find that domestic dynamics, intricately linked to other stakeholders, have limited the effectiveness of policies implemented to address poor air quality. This finding suggests that domestic politics play a critical role in establishing effective regional environmental cooperation in the long run.
The SDGs and fossil fuel subsidy reform
van Asselt H
This short perspective asks what is the role-and added value-of the Sustainable Development Goals (SDGs) and their associated institutional structures in the international governance of fossil fuel subsidies and their reform? It argues that whilst some progress has been made, notably through developing a methodology to define and measure fossil fuel subsidies, countries have only to a very limited extent followed up through indicator reporting and through their Voluntary National Reviews. Nevertheless, the SDGs can help highlight the various sustainable development dimensions of fossil fuel subsidies and support ongoing efforts to strengthen transparency, thereby indirectly helping to drive reform at the national level.
Development of corporate investment funds as a tool to achieve the goals of international treaties in the field of climate change
Bauer M, Bulatenko M and Shimshirt N
The UNFCCC and Paris Climate Agreement set the environmental agenda for many years to come, making environmental protection a global trend. Herewith, these documents created many unprecedented challenges for business, shifting the focus from the original role of commercial benefit to the trade-off between profit and social responsibility. The need to adapt business strategies to the existing agenda has created new requirements for shaping the investment environment. In this aspect, there arises the question regarding the organizational and legal form the investment activities can be carried out in and what additional regulatory instruments can be applied to simplify the procedure for attracting environmental investments. In the current conditions, corporate investment funds may be considered as promising instruments for achieving the goals of international climate agreements. The study suggests that corporate investment funds can become an effective tool for attracting environmental investments. The study purpose is to assess the role of corporate investment funds in international climate agreements goals achievement, to consider the possibility of development strategies to improve management efficiency in the corporate investment funds in terms of their linkage to UNFCCC, Paris Climate Agreement and in a comparative perspective. The study methodology is based on the analysis of world and Russian law enforcement practices in the corporate activities field through the application of a systematic approach. The relationship between corporate governance represented by big businesses and the state is considered in the framework of the investment mechanism and the institutional environment, which is visualized in the model of the business landscape of a corporate investment fund in order to determine management strategies in the operation and development of a corporate investment fund. The study results can be put into practice by financial market participants and other entities in order to increase the efficiency of the use of assets and knowledge of national jurisdictions in the context of world and Russian practices.
From the circular economy to the sustainable development goals in the European Union: an empirical comparison
Rodríguez-Antón JM, Rubio-Andrada L, Celemín-Pedroche MS and Ruíz-Peñalver SM
The European Union (EU) is trying to accelerate the transition from the current linear economy to a circular economy (CE). In fact, the CE is considered a tool to attain sustainable development goals (SDGs). In this sense, this paper aims at analysing the interaction between the CE and SDGs in the context of the new 2030 Agenda and the European CE strategy; thus contributing to the scarce empirical literature that links the potential of the European CE strategy to the achievement of the SDGs set by the 2030 Agenda. Three specific research questions have been formulated. First, could the objectives defined in the 2030 Agenda be considered homogeneous, and could they uniquely measure the concept of sustainability? Second, are there significant correlations between the implementation of a CE in the EU and the SDGs? Finally, is the behaviour of the 28 countries that make up the EU homogeneous in terms of the results of the initiatives aimed at the implementation of a CE? From these questions, nine hypotheses are put forward concerning the possible relationships between a CE implementation and the fulfilment of SDGs in the EU. Using a correlation analysis, an exploratory factor analysis, and a cluster analysis, it has been demonstrated that (a) SDGs do not univocally measure the concept of sustainability; (b) there are significant relationships between CE and SDGs in the EU; (c) the behaviour of these European countries is not homogeneous.
Reflecting on twenty years of international agreements concerning water governance: insights and key learning
Mirumachi N and Hurlbert M
The purpose of this article is to examine the research advanced in the journal, International Environmental Agreements: Politics, Law and Economics that represents key insights into international agreements on water and their political, legal, economic and cross-disciplinary dimensions for water governance. The article analyses evidence and lessons learnt over the last twenty years to inform policy through a review of theoretical advances, innovations in principles and policy instruments, outcomes of problem-solving and knowledge gained regarding water agreements and associated institutions. Important international agreement principles of no significant harm and economic frames of water as a 'commons' advance equity and community of interest in relation to water. The studies on water, sanitation and hygiene point to the ways the role of the state can be advanced in achieving Sustainable Development Goals and in complex contexts of water scarcity and public private partnerships. Cross-disciplinary learnings substantiate the existence and utility of multiple water frames in legal arrangements and use of multiple policy instruments. Cross-disciplinary insights are significant in addressing equity, whether through the nascent development of water indicators or in advancing social learning. Water governance frameworks increasingly focus on adaptation by incorporating multiple stakeholders. These findings that advance equity and inclusivity are tempered by crucial lessons in our understanding of the very contested, power-laden nature of water governance that impact agency at multiple scales and policy coordination across sectors of water, food and energy.
The politics of multilateral environmental agreements lessons from 20 years of
Kalfagianni A and Young OR
This review article addresses the question: What lessons can we learn from work published in regarding the politics of multilateral environmental agreements? What are the implications of these lessons for those responsible for creating and administering these agreements? Based on an analysis of 147 articles published over the past 20 years, the article explores issues of institutional design, institutional politics, implementation, and effectiveness. It concludes that key conditions for success in this realm include: (a) developing a toolkit that is not limited to rules-based governance, (b) paying attention to matters of implementation, (c) bearing in mind the overall regime complex, (d) developing effective leadership based on credibility and accountability, and (e) allowing for institutional adaptation.
The split ladder of policy problems, participation, and politicization: constitutional water change in Ecuador and Chile
Hurlbert M and Gupta J
There is debate about whether complex problems should be addressed technocratically or whether they should be politicized. While many tend to favour technocratic decision-making and evidence based policy, for others politicization of policy problems is fundamental for significant policy change. But politicization does not always lead to problem solving. Nor is it always necessary. This paper addresses the question: Under what circumstances should problems be politicized, and what is the effect of such politicization? It adds politicization, through windows of opportunity, to the split ladder of participation to assess policy change through two case studies: successful and unsuccessful constitutional change in Ecuador (2008) and Chile respectively (2022). It argues that where there is no agreement on either science or policy, politicization is required to address lack of consensus in values, but constitutional protection is needed to protect minorities and the vulnerable, their access and human right to water. De-politicization stymies policy change potentially harming democracy. This paper argues for a citizen engaged exploration of the complex problem of climate change and its impacts on water, but a targeted politicization coincident with, but developed well in advance of, windows of opportunity. Moreover, policy framing correlated with complex problems continues to be a key consideration. Furthermore, alliances of disparate actors, elections of new political leaders and considerations of property rights and justice issues are paramount. Significant constitutional policy change reflects social learning, but subsequent court actions by policy entrepreneurs is required to effectively implement this change. Framing constitutional change to protect rights to water and effect international agreements (including the Warsaw International Mechanism under the climate change regime) advances water justice and may increase success.
The United States: conditions for accelerating decarbonisation in a politically divided country
Bang G
President Biden faces tremendous challenges to overcome political polarisation as he re-commits the United States to the Paris Agreement on Climate Change and promises decarbonisation of the US economy over the next three decades. To achieve deep decarbonisation, recent scholarship identifies the crucial role of broad policy mixes that create reinforcing effects between climate and energy policies to trigger technological innovation, restrict polluting activities, promote green growth, and ensure just energy transitions. Drawing on this literature, the article explores the conditions for developing such policy mixes in the US context in three policy phases. How and why have key policy conditions developed differently in the climate- and energy policy fields, and to what effect for decarbonisation policies? The analysis shows that growing political polarisation blocked bipartisan agreement, produced negative policy feedback, and caused instability in the climate policy field, whereas these mechanisms did not dominate the energy policy field. A more bipartisan approach to renewable energy policy allowed long-term experience and positive feedback in energy-policy programmes that helped to trigger technology innovation and subsequent GHG emissions cuts. Different policy conditions within these policy fields discouraged a coupling between them that could have facilitated green-growth policies. The economic shock caused by the coronavirus pandemic may potentially change policy conditions and build a path to deep US decarbonisation in the future, but only if political polarisation on climate change can be overcome.
Achieving the ambitious targets of the Paris Agreement: the role of key actors
Andresen S, Bang G, Skjærseth JB and Underdal A
Equity, justice and the SDGs: lessons learnt from two decades of INEA scholarship
Gupta J, Gupta A and Vegelin C
Environmental justice issues have been incrementally but consistently covered within this journal in the last two decades. This article reviews theoretical and empirical approaches to justice in INEA scholarship in order to identify trends and draw lessons for the interpretation and implementation of the 2030 Agenda and for living within environmental limits. Our review traces how justice considerations were initially covered within new institutionalist scholarship on collective action and social practices, to conceptualizing justice as 'access and allocation', to newer notions of planetary justice. We link these trends to scholarship on diverse epistemologies and typologies of justice, including conservative, corrective, distributive and procedural justice, and examine their operationalization within the empirical domains of climate, water and sustainable development. In concluding, we draw out implications for the 2030 Sustainable Development Agenda. We argue that a just approach is essential to living within environmental limits, with greater synergies needed between collective action and social practice approaches. While justice can be unpacked for practical and political reasons into access and allocation, we find that (procedural) access considerations are more politically palatable in practice than a concern with allocation (distributive justice), which remains much more contested. As such, dominant approaches promote 'conservative' or thin market-based notions of justice. We conclude by noting that just allocation is a precondition to just access. A failure to prioritize and achieve more corrective and distributive forms of justice will, without doubt, contribute to exacerbating global ecological degradation.
Consensus decision-making in CCAMLR: Achilles' heel or fundamental to its success?
Goldsworthy L
The Commission for the Convention on the Conservation of Antarctic Marine Living Resources is the body responsible for the conservation and management of most species in the Southern Ocean. The Convention mandates that decisions be made by consensus agreement of its Members. This approach has been largely successful in delivering strong management decisions across both complex issues and widely ranging national interests. However, recent failures to progress the implementation of a network of marine protected areas or to agree any concrete response actions to climate impacts raise concerns about its effectiveness. This paper reviews the level of uptake of Member-driven proposals and then examines examples of proposals that were not resolved within the usual three years to analyse the processes utilised by Members to find resolution. It concludes that CCAMLR has been successful in reaching agreements when focusing on fisheries management but less so on issues within its broader conservation mandate, such as area protection for biodiversity purposes or non-fishery management focused scientific study, or for issues that are perceiv ed to extend the competency of the Convention. It notes that CCAMLR lacks operational mechanisms to facilitate agreement in the absence of compromise text or when one or two Members cannot accept a proposal.
Credibility dilemmas under the Paris agreement: explaining fossil fuel subsidy reform references in INDCs
Elliott C, Bernstein S and Hoffmann M
Fossil fuel subsidies are a market distortion commonly identified as an obstacle to decarbonization. Yet  due to trenchant political economic risks, reform attempts can be fraught for governments. Despite these concerns, an institutionally and economically diverse group of states included references to fossil fuel subsidy reform (FFSR) in their Intended Nationally Determined Contributions (INDCs) under the Paris Agreement. What conditions might explain why some states reference politically risky reforms within treaty commitments, while most others would not? We argue that the Article 4 process under the Paris Agreement creates a "credibility dilemma" for states-articulating ambitious emissions reduction targets while also defining national climate plans engenders a need to seek out appropriate policy ideas that can justify overarching goals to international audiences. Insomuch as particular norms are institutionalized and made salient in international politics, a window of opportunity is opened: issue advocates can "activate" norms by demonstrating how related policies can make commitments credible. Using mixed methods, we find support for this argument. We identify contextual factors advancing FFSR in the lead-up to the Paris Agreement, including norm institutionalization in regimes and international organization programs as well as salience-boosting climate diplomacy. Further, we find correspondences between countries targeted by transnational policy advocates and FFSR references in INDCs, building on the momentum in international politics more generally. Though drafting INDCs and NDCs is a government-owned process, the results suggest that understanding their content requires examining international norms alongside domestic circumstances.
Pension funds and fossil fuel phase-out: historical developments and limitations of pension climate strategies
McDonnell C
Despite the decades of international climate negotiations and several landmark agreements, global efforts to date to restrict fossil fuel production in line with climate targets have been unsuccessful. As national and international policies continue to fall short of phasing out fossil fuels, increasing attention has been paid to non-state actors, like pension funds, as a potential source of more ambitious climate action. As major asset owners, large shareholders in fossil fuel companies, and historically activist investors, pension funds are theoretically well-placed to contribute to phasing out fossil fuels. Despite growing recognition of this potential role for pension funds and other major investors in climate change mitigation, there has been little attention to pension funds' historical record on climate change, or to how their climate strategies have developed and changed over time. This paper examines how the climate strategies of the largest US and European pension funds have evolved in relation to key developments in international climate agreements and the extent to which these strategies contribute to restricting fossil fuel supply. Through an analysis of the annual, governance, and sustainability reports of 6 pension funds from 1997 to 2022, we examine the strategies pension funds have adopted to address both climate change and fossil fuels. Pension funds have demonstrated responsiveness to the signals of international climate agreements, adopting a range of strategies with respect to climate change (amongst others, integrating ESG principles, increasing their sustainable investments, and setting net zero goals). Their explicit attention to fossil fuels and contribution to supply-side interventions take the form of systematic shareholder engagement, (selective) divestment, and lobbying policymakers. While pension fund climate action is growing , the ambition of their strategies is not aligned with a rapid fossil fuel phaseout; their efforts are often focussed on improving disclosure and transparency and demonstrate complacency with minimal improvements from fossil fuel companies. If pension funds are to significantly contribute to phasing out fossil fuels, redefining pension fund responsibilities and the traditional shareholder role will likely be required.
Australia's interaction with Asian countries in the negotiation for an international agreement for the marine biodiversity of areas beyond national jurisdiction
Gunasekara SN and Karim MS
This article highlights Australia's interaction with Asian countries in the development of an international legal instrument on marine biodiversity in areas beyond national jurisdiction (ABNJ). An intergovernmental conference with four planned sessions is currently going on under the auspices of the United Nation's General Assembly (UNGA) for the adoption of a new legal instrument under the United Nations Convention on the Law of the Sea (UNCLOS). Although there is literature on how Australia and Asia have forged closer engagement on matters of trade, security and culture, literature is scarce on how and in what way they can engage in promoting the conservation of ABNJ. In terms of marine environmental discussion, Australia appears to date overall to have aligned itself closely to other western countries and some developed Asian countries. This article examines the potential scope for increased collaboration with Asia on reaching future legal agreement with respect to ABNJ.
Global climate governance: rising trend of translateral cooperation
Stranadko N
The transformation from the Kyoto Protocol to the Paris Agreement has been analyzed by international relations scholars, international law, and transnational governance theory. The international relations literature looks at the climate regime from a perspective of power distribution, state interests, institutions, and multilateral negotiations. International law theory focuses on legal analysis and design of international climate agreements. The transnational governance literature examines the participation of transnational actors at different levels of governance. However, each of these theories overlooks a bilateral trend of cooperation in a multilateral setting that arises as part of the construction or reconstruction of the international regime. Why do national and subnational public actors in global climate governance cooperate bilaterally when multilateral cooperation already exists? What type of bilateral cooperative agreements do these actors prefer, and why? Using qualitative methods, combining content analysis subsequent interviews, this research empirically demonstrates the role and importance of bilateral transatlantic cooperation and informal agreements between national and subnational actors in global climate governance. Using the EU-US case study, this research identifies a diagonal dimension of interaction between states and transnational actors. It introduces and defines the terms "translateral cooperation" and "translateral agreements" in the new climate regime.
Evolving together: transboundary water governance in the Colorado River Basin
Rivera-Torres M and Gerlak AK
Transboundary collaboration between the United States (US) and Mexico in the Colorado River Basin has heightened in recent years, as climate change, population growth, and overallocation threaten the long-term stability of the region. Through a combination of document analysis and semi-structured interviews with key stakeholders, we examine patterns of change in the governance of the Colorado River, as the US and Mexico navigate socioeconomic, cultural, and political asymmetries to jointly share water over the past two decades. We ask: What key events and environmental agreements have influenced transboundary water governance in the Colorado River over the past 20 years? We draw on the rich scholarship on transboundary water governance, especially around international river basin organizations, to uncover patterns of engagement and collaboration over time. We focus on the binational scale with an eye to study governance at multiple scales including interactions and impacts at the national and subnational scales. Our findings illustrate how Mexico's role has evolved from a narrow one following a strict interpretation of the 1944 Treaty toward a more creative partnership between the US and Mexico demonstrated in binational negotiations and the creation of joint solutions to emerging challenges around water conservation and ecological restoration. We find transboundary water governance in the basin is influenced by both long-term and short-term contextual changes that can inform strategies key actors employ to bolster institutional resilience and take advantage of opportunities for transformative change. Further, we find that the evolution of the binational relationship is reflected in changes in the negotiation process and structure, which highlights the importance of trust and relationship building, transparency, joint fact-finding, and information sharing to foster collaboration. However, we also find uneven institutionalization of stakeholder participation and transparency in engagement patterns that may ultimately, serve to hinder governance and cooperation in the basin.
Lessons learnt from international environmental agreements for the Stockholm + 50 Conference: celebrating 20 Years of
Gupta J, Vegelin C and Pouw N
The Paris agreement and key actors' domestic climate policy mixes: comparative patterns
Skjærseth JB, Andresen S, Bang G and Heggelund GM
This article examines two important conditions for achieving the Paris Agreement's (PA) ambitious goals. The first is the actions of the largest emitters-China, the European Union (EU) and the USA whose combined share of global emissions is near 50%. The second condition is the bottom-up design of the PA itself. Drawing on the policy mix literature and comparison of the three major emitters examined in this special feature (see Bang, Heggelund and Skjærseth), we first conclude that the EU has the most ambitious climate targets and policy mixes needed for achieving net zero emissions. Second, the PA has contributed to more ambitious targets and policy mixes mainly in the EU but also in China. Ambitious EU actors have actively invoked the PA goals to further their interests and legalize the Agreement's dynamic five-year cycles. With Biden as president the USA will again be a party to the PA and is set to join the EU and China in upgrading ambitions. Looking towards the future, the USA and particularly China will have to, in one way or another, to follow the EU if net zero emissions are to be achieved. This may necessitate actual EU leadership by example.
CHANS-Law: preventing the next pandemic through the integration of social and environmental law
Davies K, Lim M, Qin T and Riordan P
Zoonotic viruses have sacrificed hundreds of millions of people throughout human history. There are currently 1.7 million unidentified viruses estimated to be circulating in mammal and bird populations. It is foreseeable that in the near future, another of these will transmit to people, heralding the start of the next pandemic-one potentially more deadly than COVID-19. At the core of this article is a call for pre-emptive protection of the natural environment and its regenerative systems as the first fundamental step in the prevention of future epidemics and pandemics. While zoonoses originate in nature, the predominant legal discipline, managing these crises, is international health law which is invoked reactively once an outbreak has been reported. In this paper, we identify the need for a legal shift in epidemic and pandemic responses. In particular, we call for the incorporation of international environmental agreements to prevent the initial viral spillover from animal to human populations. We propose a strategy of strengthening existing agreements and a coupling of legal disciplines, such as health and environmental law, emphasizing the need for synergies across legal disciplines to enhance the emergence and management of future pandemics and epidemics. We introduce Coupled Human and Natural Systems (CHANS) Law to frame the required integration across legal instruments to regulate inextricably human-nature connections and advocate for the development of a
China's climate and energy policy: at a turning point?
Heggelund GM
How have 30 years of development in energy and climate policies influenced long-term trends in China and what does this imply for future climate policies? To answer the question, this article examines three decades of energy and climate policies in China. By providing an overarching review, it contributes new and updated research on drivers behind long-term climate policies and whether China's long-term emissions trend can be broken by placing greater emphasis on innovation, technology and low-carbon development. Importantly, it analyses the most recent policy developments in China, such as the likely effects of China's recent 2060 carbon neutrality goal. We conclude that after the Paris Agreement, the biggest policy change has been technological innovation in the power and transport sector. China has prioritized measures, laws and policies for developing renewable energy, especially solar and wind. China has also embraced the 'green growth' approach for responding to the challenges of climate change. These efforts have yielded results, and China has emerged as a world leader in renewable energy. However, there is still a long way to go. The upcoming 14th five-year plan will be critical for accelerating the energy transition, including setting a cap on coal in the national energy-transition strategy.
Pathways of scientific input into intergovernmental negotiations: a new agreement on marine biodiversity
Tessnow-von Wysocki I and Vadrot ABM
A new legally binding agreement for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) was adopted by consensus on 19th June, 2023. Setting new regulations and filling regulatory gaps of the United Nations Convention on the Law of the Sea are expected to be informed by "best available science". It is critical to understand how science entered the negotiations, which defined the global scientific knowledge base of decision-makers. This paper presents various pathways over which scientific input entered the BBNJ negotiations, using empirical data, collected through collaborative event ethnography, including participant observation and semi-structured interviews at the BBNJ negotiation site. Results show that scientific input in the BBNJ negotiations was not systematic and transparent but dependent on (a) available national scientific capacity, (b) financial resources, (c) established contacts and (d) active involvement of actors. Results of the study call for formalised science-policy interfaces, initiated by the UN Secretariat to guarantee a global knowledge base for decision-making. Keywords: international negotiations; United Nations; marine biodiversity; BBNJ; ocean protection; science-policy interfaces.