Legislative Innovation in the Trade and Climate Regimes: Towards a Framework for the Comparative Analysis of Multilateral Lawmaking

22 Pages Posted: 21 Dec 2017 Last revised: 26 Nov 2018

See all articles by Nicolas Lamp

Nicolas Lamp

Queen's University - Faculty of Law

Date Written: December 21, 2017

Abstract

The conclusion of the Trade Facilitation Agreement in 2013 and the Paris Agreement in 2015 represent significant breakthroughs for the multilateral trade and climate regimes, respectively. The chapter explores the innovations in lawmaking principles and techniques that made the conclusion of these agreements possible. To this end, the chapter develops a framework for the comparative analysis of multilateral lawmaking along five dimensions: the principles pursuant to which the participants in lawmaking assume commitments, the techniques that the participants employ to generate legal obligations, the modalities that they use to establish the form and scope of each individual participant’s commitments, the legal form of these commitments, and their potential effects. The chapter discusses the recent experience of the trade and climate regimes to shed light on the benefits and drawbacks of competing approaches to multilateral lawmaking along each of these dimensions.

Keywords: Paris Agreement, Trade Facilitation Agreement, United Nations Framework Convention on Climate Change, World Trade Organization, trade negotiations, climate negotiations, reciprocity, common but differentiated responsibilities, multilateral lawmaking

Suggested Citation

Lamp, Nicolas, Legislative Innovation in the Trade and Climate Regimes: Towards a Framework for the Comparative Analysis of Multilateral Lawmaking (December 21, 2017). Neil Craik et al. (eds.): Global Environmental Change and Innovation in International Law, Cambridge University Press, 2018, 270-295. Available at SSRN: https://ssrn.com/abstract=3091769 or http://dx.doi.org/10.2139/ssrn.3091769

Nicolas Lamp (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

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