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Unilateral Declarations: the Missing Link in the Bali Action Plan Benito M üller

ecbi. european capacity building initiative initiative européenne de renforcement des capacités. Unilateral Declarations: the Missing Link in the Bali Action Plan Benito M üller. for sustained capacity building in support of international climate change negotiations

rhonda-cook
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Unilateral Declarations: the Missing Link in the Bali Action Plan Benito M üller

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  1. ecbi european capacity building initiative initiative européenne de renforcement des capacités Unilateral Declarations: the Missing Link in the Bali Action Plan Benito Müller for sustained capacity building in support of international climate change negotiations pour un renforcement durable des capacités en appui aux négociations internationales sur les changements climatiques

  2. Sources of International Law • Treaties • Custom • General principles, judicial decisions, teachings

  3. Examples • The Strategic Arms Limitation Talks « not to take action inconsistent with Interim Agreement » • ICJ “Nuclear Test Case” (France – atmospheric nuclear tests in Pacific): • Act must be public or generally known • Show the intention of a State to be bound • ICJ “Frontier dispute”: not necessarily directed to one individual state

  4. Guiding Principles The guiding Principles applicable to unilateral declarations of States capable of creating legal obligations (ILC 2006): • Declaration publicly made + manisfesting will to be bound • Made by an authority vested to do so (heads of state, heads of Government, Minsters of foreign affairs) • Form is immaterial • Stated in clear and specific terms • May be addressed to individual state(s) or to international community • - Cannot be revoked arbitrarily: consideration has to be given to: • terms of declaration, • extent to which it is relied upon, • extent to which there have been fundamental change in circumstances

  5. UNFCCC post 2012 – Catch 22 • EU – global and comprehensive climate treaty • USA – equal treatment to BASIC • BASIC – differentiated treatment

  6. The Bali Compromise • AWG – Long-term Cooperative Action – ‘the compromise’ • Developed country parties – a.o. QELRO’s • Developing country parties – a.o. NAMA’s • AWG – Further Commitments for Annex I parties – ‘Kyoto track’ • Did not result in a binding and comprehensive post 2012 framework at COP 15 • Plan A (universal treaty) down - What to do now?

  7. Plan B & C • Plan B: • KP extension • COP decisions endorsed by Unilateral Declaration from the US • Plan C • KP extension • COP decisions endorsed by Unilateral Declaration from the US + BASIC

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