The evolving architecture of global climate change law

van Asselt, Harro and Mehling, Michael and Kulovesi, Kati; Reins, Leonie and Verschuuren, Jonathan, eds. (2022) The evolving architecture of global climate change law. In: Research Handbook on Climate Change Mitigation Law. Edward Elgar Publishing Ltd, Cheltenham, pp. 17-42. ISBN 9781839101588

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Abstract

This chapter takes stock of the evolving architecture of what can be described as ‘global climate law’. Complementing a traditional account of the history of the international legal regime for climate change, the chapter identifies seven overarching trends that define have come to characterise the changing architecture of global climate law, namely: (i) the growing number of international forums addressing climate change; (ii) the softening of commitments; (iii) the changing nature of differentiation; (iv) the use of market-based instruments; (v) the rise of national climate change legislation; (vi) increasing climate-related litigation; and (vii) the growing importance of nonstate actors. The chapter concludes by indicating that a diversity of governance approaches to climate change is to be expected to the extent that global aspirations to avoid dangerous climate change remain unachieved.

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