18 November 2015, The Conversation, The state of emergency could thwart public demonstrations at the Paris climate talks. What impact will the attacks have on the Paris Climate Change Conference scheduled to begin in 12 days? While already complicated, the talks will now take place within a state of emergency that is threatening to limit public participation. Events in Paris continue to unfold at a dizzying pace. But in the coming days we will learn a lot by paying attention to how parties use (and abuse) the language of freedom and liberty. American philosopher Judith Butler underlined this point in a note from Paris written the night after the attacks: “One version of liberty is attacked by the enemy, another version is restricted by the state. The state defends the version of liberty attacked as the very heart of France, and yet suspends freedom of assembly (“the right to demonstrate”) in the midst of its mourning and prepares for an even more thorough militarization of the police.” State of emergency the night of the attacks President François Hollande declared a state of emergency. The legal basis for this declaration derives from Article 16of the French Constitution (1958) and Law Number 55-385 (1955). Hollande’s announcement was only the second time since World War II that a President has exercised this power on French soil. The last occasion was in November 2005 when riots broke out in response to the deaths of two teenage immigrants, Zyed Benna and Bouna Traoré. On that occasion, the emergency lasted until January 4 2006. The current state of emergency took effect after midnight on November 14 and is set to expire after 12 days. However, it is likely that Hollande will successfully extend the emergency period for three months and gain broader security powers. Read More here
Tag Archives: UNFCCC
17 November 2015, Washington Post, In a major step on the road to Paris, rich countries agree to slash export subsidies for coal plants. After a concerted push from the United States, members of the Organization for Economic Cooperation and Development agreed Tuesday to slash subsidies aimed at exporting technology for coal-fired power plants. The decision by the world’s wealthiest countries to eliminate export credits for the least efficient coal plants, which will take effect Jan. 1, 2017, and can be strengthened four years later, marks a major negotiating success for the Obama administration in the run-up to U.N. climate talks later this month. The U.S. and several other key global players–including France, the World Bank, the European Investment Bank and the European Bank for Reconstruction and Development–have already limited its export financing for coal plants and had been pressing other nations, including Japan and South Korea, to follow suit. A senior administration official, who briefed reporters about the agreement reached in Paris on the condition of anonymity, said that under the new rules OECD countries would still provide export credits for coal plants using ultra-supercritical technology and help finance slightly less-efficient plants in the world’s poorest countries. But the policy would effectively cut off public financing for 85 percent of coal plants currently in the pipeline, he said. Jake Schmidt, who directs the international program at the Natural Resources Defense Council, estimated that these export agencies typically fund between five and seven coal plants a year. A large number of private banks follow the OECD guidelines for their own lending practices, he added, so the move could have “a ripple effect.” Read more here
13 November 2015, Carbon Brief, Explainer: The legal form of the Paris climate agreement. The aim of the UN summit in Paris is to seal a universal, international agreement on avoiding dangerous climate change, that has legal force. In broad terms, this means the Paris agreement is almost certain to include a legally binding treaty at its core, despite headlines to the contrary. Yet the treaty’s precise legal form remains unclear. What will the treaty bind countries to do? Will it even be called a treaty? Carbon Brief has read the lengthy legal texts and spoken to the experts on the legal form of the Paris climate agreement — and whether the legal form matters.
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12 November 2015, Common Dreams, France Wonders If Kerry ‘Confused’ on Upcoming Climate Talks. Kerry’s comments that there will be no legally binding agreement from COP21 puts him at odds with voices around the world. John Kerry’s statement that the upcoming United Nations climate talks in Paris will result in no “legally binding” agreement on emissions reductions is being met with rebuffs on Thursday, including a retort that the U.S. Secretary of State must be “confused.” In an interview with the Financial Times Wednesday, Kerry said the outcome of the talks known as COP21 was “definitely not going to be a treaty,” and would not include “legally binding reduction targets like Kyoto,” referring to the 1997 Protocol that did call for such binding targets. Kerry said later on Wednesday speaking at Old Dominion University that “we are seeking to reach an ambitious, durable, and inclusive agreement at the UN climate conference next month in Paris. That’s our goal.” Kerry’s French counterpart, Laurent Fabius, shot back at Kerry’s take. “Jurists will discuss the legal nature of an accord on whether it should be termed as a treaty or an international agreement,” Reuters quotes Fabius as telling press. “But the fact that a certain number of dispositions should have a practical effect and be legally binding is obvious so let’s not confuse things, which is perhaps what Mr Kerry has done,” he said. The EU made its position clear in September, stating that the bloc “is pressing for a global, fair, ambitious and legally binding international treaty that will prevent global warming from reaching dangerous levels.” Read More here