I Beg to Differ: Taking Account of National Circumstances under the Paris Agreement, the ICAO Market-Based Measure, and the Montreal Protocol's HFC Amendment
21 Pages Posted: 11 Jan 2017
Date Written: January 2017
This paper explores the different ways in which negotiators to three recent environmental instruments accounted for different national circumstances in formulating commitments and other aspects of cooperation in the instruments. The author finds that the negotiators of these instruments have significantly expanded the arsenal of differentiation tools based on considerations pertaining to logic, fairness, limited capacity, and negotiating leverage.
Keywords: UNFCCC, United Nations Framework Convention on Climate Change, Paris Agreement, Aviation, Montreal Protocol, HFC Amendment, International Environmental Law
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