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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  

Susan Biniaz

Columbia University - Sabin Center for Climate Change Law

Date Written: January 2017

Abstract

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

Suggested Citation

Biniaz, Susan, 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 (January 2017). Sabin Center for Climate Change Law, Columbia Law School, 2017. Available at SSRN: https://ssrn.com/abstract=2897024

Susan Biniaz (Contact Author)

Columbia University - Sabin Center for Climate Change Law ( email )

Jerome Greene Hall
435 West 116th Street
New York, NY 10027
United States

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