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Ma. Nikka Andrea F.

Oquias June 22, 2016


Motion: Nationally Determined Contributions (NDCs) should be
made an

integral

greenhouse gases.

part

of

These

new

NDCs

global

should

treaty

be

to

legally

reduce
binding,

hence, states parties are obliged to achieve them.


Efforts

to

establish

climate

change

regime

over

the

years

incontrovertibly, suffered dramatic failure. Yet immense efforts among states


to

combat

the

challenge

of

climate

change

persist.

Recently,

the

participation of various countries to create a new international climate


agreement in the conclusion of the Paris Conference of Parties, participants
came up with the so-called NDCs (Nationally Determined Contributions). This
ultimately signals the willingness of the world to cooperate in ensuring a lowcarbon, climate-resilient future and further sends a clear message that states
recognize the seriousness of climate change and the need to foster
cooperation in creating effective solutions.
But the distinct problem underlying climate regimes in the past is that
it is not legally binding. Though states express their willingness to
participate, absent concrete mechanisms and effective institutions to ensure
compliance and demand accountability to meet national commitments could
lead to another failure. Therefore, to achieve the goal towards a carbon free
and climate resilient future it is imperative that these Nationally Determined
Contributions (NDCs) should be made an integral part of a new global treaty
to reduce greenhouse gases. These NDCs should be legally binding, hence,
states parties are obliged to achieve them.
Bearing in mind the global and encompassing nature of climate
change, a comprehensive approach is needed to combat this threat. Since
ensuring accountability among sovereign states is the most challenging
aspect when it comes to enforcing environmental laws, creating a legally
global treaty then is what is necessarily called for.
Why need a global treaty?

Ma. Nikka Andrea F. Oquias June 22, 2016


Firstly, a treaty is a legitimate means where states can enter into a
legal obligation.1 The moment a state expresses its consent to be bound by
the treaty it is also when the state binds itself to comply with the agreement
in good faith. The idea of state sovereignty and state independence
somehow largely balanced the moment the state agrees to bind itself to all
stipulations in said agreement. The consensual nature of treaties is what
makes it an important source of international law. Hence, as soon as all the
negotiating states have expressed their consent to be bound by the treaty, it
then comes into force.2 Surely enforcement is another concern but when it
comes to making states having a legally binding and tangible agreement
would in one way or another give constant reminder among states to comply
with their pronounced obligations.
Secondly, treaties are means to an end and not as an end in itself.
Every state has a reason why they join treaties and as such they have an
interest in ensuring that it works effectively just as all states have a common
interest in preserving the rules of diplomatic immunity in order to facilitate
diplomatic relations. So in this manner, a global treaty to reduce greenhouse
gases makes way for ensuring accountability by creating a stake that noncompliance thereto would bring them at the mercy of retaliation from the
community of nations.
Thirdly, creating a global treaty would pave the way for elevating the
status of environmental law from a soft law to a more binding law. The
reason why international and even domestic environmental laws are
marginalized is that many fail to see that environmental threat is much
interconnected with other global problems for instance food security,
disasters and armed conflict. Creating a global treaty to reduce the
1 Peter Malanczuk, Akehursts Modern Introduction to International Law (Routledge
1997) (1970) p. 130.
2 Ibid.

Ma. Nikka Andrea F. Oquias June 22, 2016


greenhouse gases would demand greater compliance and mobilize by
creating greater awareness of the global environmental problems.
A plethora of environmental laws have dominated the domestic and
international scene yet positive indications of success are still difficult to
grasp. This is precisely because recognition that climate changes as a global
problem needs a comprehensive global response though important is not
enough. The issue of climate change as encompassing as it is presuppose a
keen understanding of the inherent nature of the international system- how
the world works, the manner states operate. Creating a treaty would
somehow address the fluidity and uncertainty in the international arena. By
stipulating concrete mechanisms and concretizing the obligations of parties
would serve a constant reminder to parties as to their obligations.
Eventually, the absence therefore of an international police is addressed by
encouraging all state parties to guard against the violations of other states.
Cooperation and proactive participation among states is vital.
While it is true that pledges of reducing the greenhouse gas have
already been made, still the aggregate amount of these promises will not
even add up to sufficient emission reductions to keep the world from
warming more than 2 degrees C above preindustrial temperatures, let alone
1.5 C. So much so that still the major task ahead the world still has to resolve
first is the question of implementation3.
To cap it all, it is only logical that a global problem must be faced with
a global solution . The participation of state leaders in international
conferences though not enough to reduce GHG, apparently may have some
good implications. The issue of climate change is now taking its foothold in
dominating the international scene. Bringing all players (developed and
developing countries) in the table pressing them to contribute their fair share
3 Henry Derwent and Andrzej Bachowicz et.al. Paris Agreement: how it happened
and what next. Konrad Adenuer Stiftung. May 2016.

Ma. Nikka Andrea F. Oquias June 22, 2016


is needed. Facilitating reciprocity to encourage accountability is needed.
Stronger political will is needed. Resolving the climate change issue is not
just about the ends but most importantly it is also about the means as to
how we go about it. Striking a delicate balance and injecting a greater sense
of realism is imperative operating in an environment of equal sovereigns.
Creating a binding global treaty will surely take us a step closer to achieving
the goal of a carbon free and climate resilient future.

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