The United Nations Security Council's Legislative and Enforcement Powers and Climate Change

Scottish Centre for International Law Working Paper Series, No. 14

24 Pages Posted: 28 Oct 2016 Last revised: 29 Oct 2016

See all articles by Alan Boyle

Alan Boyle

University of Edinburgh - School of Law

Jacques Hartmann

University of Dundee

Annalisa Savaresi

University Stirling, School of Law

Date Written: October 14, 2016

Abstract

Since the adoption of the 1992 UN Framework Convention on Climate Change (UNFCCC), international climate change law-making has chiefly been the prerogative of the treaty bodies established under the Convention and its Protocol. The adoption of the Paris Agreement in December 2015 is an important step forward for the multilateral climate change framework, but, despite its rapid entry into force, it is still too early to tell whether the Paris Agreement will prove to be an effective and successful intergovernmental framework for tackling climate change. Nor is it necessarily the only relevant institution in the climate change regime. Given the urgency of climate change and the glacial pace of multilateral climate law-making, the idea of exploiting the United Nations Security Council’s legislative and enforcement powers to lead global efforts on climate change therefore holds a significant appeal. This chapter focuses on the use of the Council’s legislative and enforcement powers to help states get out of the climate change law-making quagmire. Firstly, the chapter analyses the powers and practice of the Council both as a global legislator, and in enforcing states’ obligations. Secondly, the chapter considers how existing Council law-making and enforcement powers can be applied to climate change. The chapter concludes by reflecting on advantages and disadvantages of Council’s legislative and enforcement action in relation to climate change.

Keywords: Climate change, Paris Agreement, UN Security Council, international law, law-making, security

Suggested Citation

Boyle, Alan and Hartmann, Jacques and Savaresi, Annalisa, The United Nations Security Council's Legislative and Enforcement Powers and Climate Change (October 14, 2016). Scottish Centre for International Law Working Paper Series, No. 14. Available at SSRN: https://ssrn.com/abstract=2856955 or http://dx.doi.org/10.2139/ssrn.2856955

Alan Boyle

University of Edinburgh - School of Law

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Jacques Hartmann

University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

HOME PAGE: http://https://www.dundee.ac.uk/law/staff/profile/jacques-hartmann.php

Annalisa Savaresi (Contact Author)

University Stirling, School of Law ( email )

B12A Pathfoot Building
Stirling, Scotland FK9 4LA
United Kingdom

HOME PAGE: http://www.stir.ac.uk/people/32901

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