Temperature Targets and State Obligations on the Mitigation of Climate Change

(2021) 33(3) Journal of Environmental Law (Forthcoming)

35 Pages Posted: 3 Apr 2021

See all articles by Benoit Mayer

Benoit Mayer

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: March 25, 2021

Abstract

The Supreme Court of the Netherlands in Urgenda held that States had a customary obligation to implement their ‘fair share’ in achieving the 2 °C temperature limitation target they had agreed upon. Yet, this article argues, the notion that States must adopt or implement mitigation action in line with temperature targets finds no support in treaty or customary law. States’ acceptance of temperature targets as a collective objective is relevant to interpreting the standard of due diligence applicable to mitigation obligations only inasmuch as this objective is actually reflected in consistent State practice. At present, temperature targets represent essentially an agreement on a direction of travel: the need for more mitigation action. Over time, the acceptance of this objective could facilitate further legal developments as States agree on particular implications of temperature targets and on a requirement that each of them acts consistently with its interpretation of these targets.

Keywords: Temperature targets, climate change mitigation, fair share, Paris Agreement, obligation, differentiation, requisite level of mitigation action

Suggested Citation

Mayer, Benoit, Temperature Targets and State Obligations on the Mitigation of Climate Change (March 25, 2021). (2021) 33(3) Journal of Environmental Law (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3812381

Benoit Mayer (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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