Dealing with the Fragmentation of Global Climate Governance: Legal and Political Approaches in Interplay Management

Global Governance Working Paper No. 30

30 Pages Posted: 30 Jan 2009

See all articles by Harro van Asselt

Harro van Asselt

University of Cambridge; University of Eastern Finland - School of Law

Date Written: May 2007

Abstract

The complexity of addressing climate change can be partly ascribed to the fact that the problem is interlinked in both cause and effect with most areas of human activity. As a consequence, global climate governance has been fragmented in nature. Therefore, determining the effectiveness of the climate regime should take into account interactions with other regimes. This paper focuses on different ways of managing interactions between formalised multilateral regimes related to climate change, thereby including the role of international law. It concludes that neither legal nor political approaches are a panacea for interplay management. However, there is potential for the one approach to address the gaps in the other. Whereas international law does not address synergies between environmental treaties, strengthened political coordination and cooperation between them could. Conversely, whereas political efforts are not sufficient to break the stalemate between the trade and climate regimes, a groundbreaking ruling by a dispute settlement body based on legal techniques could. It is worth investigating further how international law and politics can work together in reaping synergies and addressing conflicts between multilateral regimes on climate change.

Keywords: global climate governance, UNFCCC, Kyoto Protocol, fragmentation

Suggested Citation

van Asselt, Harro, Dealing with the Fragmentation of Global Climate Governance: Legal and Political Approaches in Interplay Management (May 2007). Global Governance Working Paper No. 30, Available at SSRN: https://ssrn.com/abstract=1335082 or http://dx.doi.org/10.2139/ssrn.1335082

Harro Van Asselt (Contact Author)

University of Cambridge ( email )

19 Silver Street
Cambridge, CB3 9EP
United Kingdom

University of Eastern Finland - School of Law ( email )

Joensuu
Finland

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