The Development of Financial Obligation Assistance in Inter-State Relations Regarding Environmental Protection: a Review of The Paris Agreement 2015
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Published:
Mar 16, 2023
Keywords:
financial assistance, developed and developing country, the Paris Agreement 2015
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Abstract
Abstract
The increasing global environmental issues affect how countries view international environmental policy. This insists countries carry out joint international responsibility on environmental law issues which later developed as Common but Differentiated Responsibility and Respective Capabilities principle (Principle of CDR-RC). The implementation of the principle should be seen as the aspect of financial assistance from developed countries to developing countries in the Paris Agreement 2015. This research aims to determine the development of the relation-interaction of the financial assistance between developed countries and developing countries in the context of international environmental law, especially regarding climate change issues as well as the obligation and financial mechanism in the Paris Agreement 2015. The result shows a development of universal responsibility into a shared international responsibility in overcoming climate change issues. Several different principles in each international instrument affect relation-interaction and financial assistance. Furthermore, the financial assistance is regulated in detail in Article 9 of the Paris Agreement 2015 with financial mechanisms referred to the United Nations Framework Convention on Climate Change (UNFCCC).
Keywords: financial assistance, developed and developing countries, Paris Agreement 2015
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How to Cite
Zuhaida, A., & Alkazahfa, A. M. (2023). The Development of Financial Obligation Assistance in Inter-State Relations Regarding Environmental Protection: a Review of The Paris Agreement 2015. Padjadjaran Journal of International Law, 7(1), 62-86. https://doi.org/10.23920/pjil.v7i1.1123
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References
Book
Amadi, John Iloabuchi. “Global Climate Change: Transfer of Technology, Financial Assistance and Sustainable Economic Development of Developing Countries under the International Legal Framework.” (Auckland: Faculty of Law University of Auckland, 2017). Researchspace, https://researchspace.auckland.ac.nz/bitstream/handle/2292/36239/whole.pdf?sequence=2&isAllowed=y.
Bugge, Hans C. and Voight, C., Sustainable Development in International and National Law, Groningen: Europa Law Pub., 2008.
Gebreyesus, Kalekritos Zerisenay. “The Impacts of Combining Climate Finance with ODA on the Volume of Development Finance.” (South Korea: KDI School of Public Policy and Management, 2017), https://archives.kdischool.ac.kr/bitstream/11125/32014/1/The%20Impacts%20of%20combining%20climate%20finance%20with%20ODA%20on%20the%20volume%20of%20development%20finance.pdf.
Kiss, Alexandre. and Shelton, Dinah., Guide to International Environmental Law, Leiden: Martinus Nijhoff Publisher, 2007.
Larrea, Gonzalo. “Climate Change and Development. The Global Administrative Law of the UNFCCC Financial Mechanism.” (Florence: Faculty of Law European University Institute, 2022. Cadmus). https://cadmus.eui.eu/bitstream/handle/1814/74271/Larrea_2022_LAW.pdf?sequence=2&isAllowed=y.
Nakhooda, Smita, and Charlene Watson. Chapter 5: Lessons from Fast-Start Finance in Handbook of International Climate Finance, Edward Elgar Publishing, 2022. ElgarOnline, https://www.elgaronline.com/view/book/9781784715656/book-part-9781784715656-12.xml.
Ramiah, Vikash, and Greg N. Gregoriou, Handbook of Environmental and Sustainable Finance. London: Elsevier, 2016.
Sands, Philippe, et.al, Principle of International Environmental Law, (Cambridge: Cambridge University Press, 2012).
Yamin, Farhana. dan Depledge, Joanna., The International Climate Change Regime: A Guide to Rules, Institutions and Procedures, Cambridge: Cambridge University Press, 2004.
Journal
Atteridge, Aaron. “Monitoring, Reporting and Verifying Climate Finance – A Framework for Transparency of Support Provided to Developing Countries.” Stockholm Environment Institute, 2012, https://mediamanager.sei.org/documents/Publications/Climate/SEI-PB-2012-MRV-climate-finance.pdf.
Barral, Virginie, “Sustainable Development in International Law: Nature and Operation of an Evolution Legal Norm”, The European Journal of International Law, Vol. 23, No. 2, 2012. https://doi.org/10.1093/ejil/chs016, Accessed 28 October 2022.
Cullet, Philippe, “Differential Treatment in International Law: Towards a New Paradigm of Inter-state Relations”, The European Journal of International Law, Vol. 10, No. 3, 1999. http://www.ejil.org/pdfs/10/3/599.pdf, Accessed 28 October 2022
Ha, Sangjung and Thomas Hale, Peter Ogden. “Climate Finance in and between Developing Countries: An Emerging Opportunity to Build On.” Global Policy, vol. 7, issue no. 1, 2016.
Hossain, Md. Nazmul, “Absolute Globalization: The Way to Confront the Global Challenges”, Advances in Social Sciences Research Journal, Vol. 9, No. 9, 2022. https://doi.org/10.14738/assrj.99.12866, Accessed 29 October 2022.
Sohn, Louis B., “The Stockholm Declaration on the Human Environment”, The Harvard International Law Journal, Vol. 14, No. 3, 1973. https://wedocs.unep.org/bitstream/handle/20.500.11822/28247/Stkhm_DcltnHE.pdf, Accessed 25 October 2022.
Yamineva, Yulia. “Climate Finance in the Paris Outcome: Why Do Today What You Can Put Off till Tomorrow?” Review of the European Community and International Environmental Law, vol. 25 issue no. 2, 2016. RECIEL, 10.1111/reel.12160. Accessed 30 October 2022.
Zahar, Alexander. "The Paris Agreement and the Gradual Development of a Law on Climate Finance." Climate Law, vol6, no. 1-2, 2016. BRILL, https://doi.org/10.1163/18786561-00601005. Accessed 30 October 2022.
Other Documents
AF Board. Operational Policies and Guidelines for Parties to Access Resource from the Adaptation Fund. Adaptation Fund, 2017, https://www.adaptation-fund.org/wp-content/uploads/2017/08/OPG-amended-in-October-2017-1.pdf, Paragraph 2.
Böhringer, Christoph, “The Kyoto Protocol: A Review and Perspectives”, ZEW Discussion Papers, No. 03-61, 2003.
GCF. Governing Instrument for the Green Climate Fund. Green Climate Fund, 2011, https://www.greenclimate.fund/sites/default/files/document/governing-instrument.pdf, Paragraph 2.
GEF. “GEF Agencies”. Global Environmental Fund, https://www.thegef.org/partners/gef-agencies. Accessed 10 November 2022
GEF. Instrument for the Establishment of the Restructured Global Environment Facility. Global Environmental Fund, 2011, https://www.thegef.org/sites/default/files/publications/GEF_Instrument_Oct2011_final_0_1.pdf.
GEF. “GEF Agencies”. Global Environmental Fund, https://www.thegef.org/partners/gef-agencies. Accessed 10 November 2022
GEF. Policy (GA/PL/01) and Guidelines (GS/GN/02) on System for Transparent Allocation of resources (STAR). 2018, Gender Policy (thegef.org)https://www.thegef.org/sites/default/files/documents/STAR_Policy_Guidelines.pdf.
Treaties
Declaration of the United Nations Conference on the Human Environment Stockholm, 16 June 1972, A/CONF.48/14 and Corr.1 (entered into force 17 May 2004) [Stockholm Declaration].
Rio Declaration on Environment and Development Rio de Janeiro, 14 June 1992, A/CONF.151/26/Vol. I (21 March 1994) [Rio Declaration].
United Nations Framework Convention on Climate Change, 19 June 1993 (entered into force 24 March 1994), Online: UNFCCC [UNFCCC].
Kyoto Protocol to the United Nations Framework Convention on Climate Change, 11 December 1997 (entered into force 16 February 2005), Online: UNFCCC [Kyoto Protocol].
Paris Agreement to the United Nations Framework Convention on Climate Change, 15 December 2015 (entered into force 4 November 2016), Online: UNFCCC [Paris Agreement].
UN Documents
Report of The Conference of The Parties to the UNFCCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 7/CP.7., FCCC/CP/1001/13/Add.1.
Report of The Conference of The Parties to the UNFCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 10/CP.7., FCCC/CP/1001/13/Add.1.
Report of The Conference of The Parties to the UNFCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 27/CP.7., FCCC/CP/1001/13/Add.4.
Report of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol on its third session, held in Bali from 3 to 15 December 2007, FCCC/KP/CMP/1007/9/Add.1, Decision 1/CMP.3.
Report of the Conference of the Parties to the UNFCCC on its sixteenth session, held in Cancun from 29 November to 10 December 2010, decision 1/CP.16, FCCC/CP/2010/7/Add.1.
Report of the Global Environment Facility to the Conference of the Parties, 20 September 2012, FCCC/CP/2012/6.
Report of the Global Environment Facility to the Conference of the Parties, 11 September 2015, FCCC/CP/2015/4.
Report of the Conference of the Parties to the UNFCCC on its twenty-first session, held in Paris from 15 November to 13 December 2015, Decision 1/CP 21, FCCC/CP/2015/10/Add.1.
Report of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement on the third part of its first session, held in Katowice from 2 to 15 December 2018, FCCC/PA/CMA/2018/3/Add.1.
Amadi, John Iloabuchi. “Global Climate Change: Transfer of Technology, Financial Assistance and Sustainable Economic Development of Developing Countries under the International Legal Framework.” (Auckland: Faculty of Law University of Auckland, 2017). Researchspace, https://researchspace.auckland.ac.nz/bitstream/handle/2292/36239/whole.pdf?sequence=2&isAllowed=y.
Bugge, Hans C. and Voight, C., Sustainable Development in International and National Law, Groningen: Europa Law Pub., 2008.
Gebreyesus, Kalekritos Zerisenay. “The Impacts of Combining Climate Finance with ODA on the Volume of Development Finance.” (South Korea: KDI School of Public Policy and Management, 2017), https://archives.kdischool.ac.kr/bitstream/11125/32014/1/The%20Impacts%20of%20combining%20climate%20finance%20with%20ODA%20on%20the%20volume%20of%20development%20finance.pdf.
Kiss, Alexandre. and Shelton, Dinah., Guide to International Environmental Law, Leiden: Martinus Nijhoff Publisher, 2007.
Larrea, Gonzalo. “Climate Change and Development. The Global Administrative Law of the UNFCCC Financial Mechanism.” (Florence: Faculty of Law European University Institute, 2022. Cadmus). https://cadmus.eui.eu/bitstream/handle/1814/74271/Larrea_2022_LAW.pdf?sequence=2&isAllowed=y.
Nakhooda, Smita, and Charlene Watson. Chapter 5: Lessons from Fast-Start Finance in Handbook of International Climate Finance, Edward Elgar Publishing, 2022. ElgarOnline, https://www.elgaronline.com/view/book/9781784715656/book-part-9781784715656-12.xml.
Ramiah, Vikash, and Greg N. Gregoriou, Handbook of Environmental and Sustainable Finance. London: Elsevier, 2016.
Sands, Philippe, et.al, Principle of International Environmental Law, (Cambridge: Cambridge University Press, 2012).
Yamin, Farhana. dan Depledge, Joanna., The International Climate Change Regime: A Guide to Rules, Institutions and Procedures, Cambridge: Cambridge University Press, 2004.
Journal
Atteridge, Aaron. “Monitoring, Reporting and Verifying Climate Finance – A Framework for Transparency of Support Provided to Developing Countries.” Stockholm Environment Institute, 2012, https://mediamanager.sei.org/documents/Publications/Climate/SEI-PB-2012-MRV-climate-finance.pdf.
Barral, Virginie, “Sustainable Development in International Law: Nature and Operation of an Evolution Legal Norm”, The European Journal of International Law, Vol. 23, No. 2, 2012. https://doi.org/10.1093/ejil/chs016, Accessed 28 October 2022.
Cullet, Philippe, “Differential Treatment in International Law: Towards a New Paradigm of Inter-state Relations”, The European Journal of International Law, Vol. 10, No. 3, 1999. http://www.ejil.org/pdfs/10/3/599.pdf, Accessed 28 October 2022
Ha, Sangjung and Thomas Hale, Peter Ogden. “Climate Finance in and between Developing Countries: An Emerging Opportunity to Build On.” Global Policy, vol. 7, issue no. 1, 2016.
Hossain, Md. Nazmul, “Absolute Globalization: The Way to Confront the Global Challenges”, Advances in Social Sciences Research Journal, Vol. 9, No. 9, 2022. https://doi.org/10.14738/assrj.99.12866, Accessed 29 October 2022.
Sohn, Louis B., “The Stockholm Declaration on the Human Environment”, The Harvard International Law Journal, Vol. 14, No. 3, 1973. https://wedocs.unep.org/bitstream/handle/20.500.11822/28247/Stkhm_DcltnHE.pdf, Accessed 25 October 2022.
Yamineva, Yulia. “Climate Finance in the Paris Outcome: Why Do Today What You Can Put Off till Tomorrow?” Review of the European Community and International Environmental Law, vol. 25 issue no. 2, 2016. RECIEL, 10.1111/reel.12160. Accessed 30 October 2022.
Zahar, Alexander. "The Paris Agreement and the Gradual Development of a Law on Climate Finance." Climate Law, vol6, no. 1-2, 2016. BRILL, https://doi.org/10.1163/18786561-00601005. Accessed 30 October 2022.
Other Documents
AF Board. Operational Policies and Guidelines for Parties to Access Resource from the Adaptation Fund. Adaptation Fund, 2017, https://www.adaptation-fund.org/wp-content/uploads/2017/08/OPG-amended-in-October-2017-1.pdf, Paragraph 2.
Böhringer, Christoph, “The Kyoto Protocol: A Review and Perspectives”, ZEW Discussion Papers, No. 03-61, 2003.
GCF. Governing Instrument for the Green Climate Fund. Green Climate Fund, 2011, https://www.greenclimate.fund/sites/default/files/document/governing-instrument.pdf, Paragraph 2.
GEF. “GEF Agencies”. Global Environmental Fund, https://www.thegef.org/partners/gef-agencies. Accessed 10 November 2022
GEF. Instrument for the Establishment of the Restructured Global Environment Facility. Global Environmental Fund, 2011, https://www.thegef.org/sites/default/files/publications/GEF_Instrument_Oct2011_final_0_1.pdf.
GEF. “GEF Agencies”. Global Environmental Fund, https://www.thegef.org/partners/gef-agencies. Accessed 10 November 2022
GEF. Policy (GA/PL/01) and Guidelines (GS/GN/02) on System for Transparent Allocation of resources (STAR). 2018, Gender Policy (thegef.org)https://www.thegef.org/sites/default/files/documents/STAR_Policy_Guidelines.pdf.
Treaties
Declaration of the United Nations Conference on the Human Environment Stockholm, 16 June 1972, A/CONF.48/14 and Corr.1 (entered into force 17 May 2004) [Stockholm Declaration].
Rio Declaration on Environment and Development Rio de Janeiro, 14 June 1992, A/CONF.151/26/Vol. I (21 March 1994) [Rio Declaration].
United Nations Framework Convention on Climate Change, 19 June 1993 (entered into force 24 March 1994), Online: UNFCCC [UNFCCC].
Kyoto Protocol to the United Nations Framework Convention on Climate Change, 11 December 1997 (entered into force 16 February 2005), Online: UNFCCC [Kyoto Protocol].
Paris Agreement to the United Nations Framework Convention on Climate Change, 15 December 2015 (entered into force 4 November 2016), Online: UNFCCC
UN Documents
Report of The Conference of The Parties to the UNFCCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 7/CP.7., FCCC/CP/1001/13/Add.1.
Report of The Conference of The Parties to the UNFCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 10/CP.7., FCCC/CP/1001/13/Add.1.
Report of The Conference of The Parties to the UNFCCC on Its Seventh Session, held at Marrakesh from 29 October to 10 November 2001, Decision 27/CP.7., FCCC/CP/1001/13/Add.4.
Report of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol on its third session, held in Bali from 3 to 15 December 2007, FCCC/KP/CMP/1007/9/Add.1, Decision 1/CMP.3.
Report of the Conference of the Parties to the UNFCCC on its sixteenth session, held in Cancun from 29 November to 10 December 2010, decision 1/CP.16, FCCC/CP/2010/7/Add.1.
Report of the Global Environment Facility to the Conference of the Parties, 20 September 2012, FCCC/CP/2012/6.
Report of the Global Environment Facility to the Conference of the Parties, 11 September 2015, FCCC/CP/2015/4.
Report of the Conference of the Parties to the UNFCCC on its twenty-first session, held in Paris from 15 November to 13 December 2015, Decision 1/CP 21, FCCC/CP/2015/10/Add.1.
Report of the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement on the third part of its first session, held in Katowice from 2 to 15 December 2018, FCCC/PA/CMA/2018/3/Add.1.