Climate Change Data Portal
| DOI | 10.1080/14693062.2020.1745744 |
| Interpreting the UNFCCC’s provisions on ‘mitigation’ and ‘adaptation’ in light of the Paris Agreement’s provision on ‘loss and damage’ | |
| Broberg M. | |
| 发表日期 | 2020 |
| ISSN | 1469-3062 |
| 卷号 | 20期号:5 |
| 英文摘要 | This article examines how the introduction of a specific provision on loss and damage (L&D) in the Paris Agreement affects the construction of provisions on ‘mitigation’ and ‘adaptation’ as established within the treaty framework of the United Nations Framework Convention on Climate Change (UNFCCC). It shows that the establishment of L&D at treaty level has created a legal basis for finding ‘responsibility’ for adverse consequences that can be attributed to the failure to fulfil UNFCCC obligations as laid down in the provisions on mitigation and adaptation. This, it argues, strengthens the legal basis for pursuing remedies aimed at reparation for these consequences, such as the establishment of climate change funds and of insurance solutions. Moreover, it demonstrates that prior to establishing L&D at treaty level, L&D issues and measures (such as the Warsaw International Mechanism) were treated in legal terms within the framework of adaptation. However, with the adoption of the Paris Agreement, L&D has been given its own legal basis and therefore L&D issues and measures must henceforth be treated within this new framework. Key policy insights The provisions on mitigation and adaptation in the UNFCCC may be re-interpreted in light of Article 8 of the Paris Agreement so as to instil a legal responsibility in the UNFCCC provisions on mitigation and adaptation. The limits of ‘adaptation’ must be re-defined in light of the adoption of the Paris Agreement and the introduction of L&D as a third pillar of international climate change law. © 2020, © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. |
| 英文关键词 | Adaptation; climate change mitigation; climate regime; legal perspective; loss and damage; Paris Agreement |
| 来源期刊 | CLIMATE POLICY
 |
| 文献类型 | 期刊论文 |
| 条目标识符 | http://gcip.llas.ac.cn/handle/2XKMVOVA/183747 |
| 作者单位 | Faculty of Law, University of Copenhagen, Copenhagen, Denmark |
| 推荐引用方式 GB/T 7714 | Broberg M.. Interpreting the UNFCCC’s provisions on ‘mitigation’ and ‘adaptation’ in light of the Paris Agreement’s provision on ‘loss and damage’[J],2020,20(5). |
| APA | Broberg M..(2020).Interpreting the UNFCCC’s provisions on ‘mitigation’ and ‘adaptation’ in light of the Paris Agreement’s provision on ‘loss and damage’.CLIMATE POLICY,20(5). |
| MLA | Broberg M.."Interpreting the UNFCCC’s provisions on ‘mitigation’ and ‘adaptation’ in light of the Paris Agreement’s provision on ‘loss and damage’".CLIMATE POLICY 20.5(2020). |
| 条目包含的文件 | 条目无相关文件。 | |||||
| 个性服务 |
| 推荐该条目 |
| 保存到收藏夹 |
| 导出为Endnote文件 |
| 谷歌学术 |
| 谷歌学术中相似的文章 |
| [Broberg M.]的文章 |
| 百度学术 |
| 百度学术中相似的文章 |
| [Broberg M.]的文章 |
| 必应学术 |
| 必应学术中相似的文章 |
| [Broberg M.]的文章 |
| 相关权益政策 |
| 暂无数据 |
| 收藏/分享 |
除非特别说明，本系统中所有内容都受版权保护，并保留所有权利。
