Environmental Sciences
; Environmental Studies
; Law
; Multidisciplinary Sciences
WOS研究方向:
Environmental Sciences & Ecology
; Government & Law
; Science & Technology - Other Topics
英文摘要:
In the face of global environmental concerns, legal institutions must cultivate a reflexive capacity to monitor global ecological shifts and to reconfigure their practices accordingly. But, it remains unclear whether harder or softer legal norms are more capable of enhancing such ecological reflexivity. This article traces variations in harder and softer norms in two aspects of the evolution of the global climate change regimenational contributions to mitigation and review mechanismsand their implications for ecological reflexivity. We find the regime's reflexivity has increased moderately and slowly over time but without a consistent shift towards harder or softer norms. The Paris Agreement's innovative approach, combining harder procedural commitments with softer substantive provisions (a 'creme brulee'), has potential to encourage flexible responses to changing conditions within a stable, long-term architecture. However, the Agreement's softer, transparency-based compliance framework provides limited assurance that countries will make and fulfill ambitious commitments.
1.Univ Canberra, Inst Governance & Policy Anal, Ctr Deliberat Democracy & Global Governance, Canberra, ACT, Australia 2.Univ Tasmania, Fac Law, Climate Change Marine & Antarctic Law, Hobart, Tas, Australia 3.Univ Tasmania, Inst Marine & Antarctic Studies, Hobart, Tas, Australia 4.Ctr Marine Socioecol, Hobart, Tas, Australia 5.Wageningen Univ, Publ Adm & Policy Grp, Wageningen, Netherlands 6.Univ Tasmania, Fac Law, Hobart, Tas, Australia
Recommended Citation:
Pickering, Jonathan,McGee, Jeffrey S.,Karlsson-Vinkhuyzen, Sylvia I.,et al. Global Climate Governance Between Hard and Soft Law: Can the Paris Agreement's "Creme Brulee' Approach Enhance Ecological Reflexivity?[J]. JOURNAL OF ENVIRONMENTAL LAW,2019-01-01,31(1):1-28