International Legal Principles Relating to Climate Change: The Work of the ILA Committee

The international climate change regime comprises principally of the United Nations Framework Convention on Climate Change of 1992 (FCCC), the Kyoto Protocol of 1997, and the decisions of Parties under these instruments. Although these instruments are important first steps towards addressing climate change and its impacts, they are widely regarded as inadequate and inadequately implemented. Moreover, the collapse of climate negotiation at the Copenhagen in 2009, and the dubious status of the Kyoto Protocol as a universal regime from its second commitment period starting January 2013 under the Durban agreement in 2011 are the vivid reminder that the climate change legal regime based only on the relevant treaties is still fragile. For example, Decision 1/CMP.7 of 2011, although deciding the second commitment period under the Kyoto Protocol shall begin on 1 January 2013 and taking note the intention of some Parties to indicate quantified emission limitation or reduction objectives (QELROs) for the second commitment period under the Kyoto Protocol, Japan clearly indicated that “it does not have any intention to be under obligation of the second commitment period of the Kyoto Protocol after 2012” (footnote “q” of Annex I of decision 1/CMP.7 (2011)).