Beyond Administrative Law and International Law--the evolution, features and effects of Global Administrative law in Climate Change Regime
Date Issued
2012
Date
2012
Author(s)
Lin, Chun-Yuan
Abstract
While climate change has been recognized as the most serious challenge for global society, a global solution is far from clear. Scholars approach this issue through institutional or theoretical methods, however, encounter the limits instituted in the dichotomy structure of national law and international law. Neither domestic administrative law, nor international could properly address climate change challenges. What is underestimated is the huge and complex normative system which has been developed two decades. This normative system, although derived from international regime, has been departed from its traditional route and regulated all climate-related actors globally. What are the contents and features of this normative system? How should we define them from law’s perspective? How it was formed and what effects it is going to bring about?
This dissertation analyzes United Nations Framework Convention on Climate Change and Kyoto Protocol, as well as all decisions that has been produced by Conference of Parties (COP) through the theory of global administrative law.
This dissertation argues that, articles of convention and rules made by COP and other subsidiary bodies have created a huge normative system. Different from traditional international law, this normative system embodies the features of typical administrative law. The Climate Change regime has represent what scholars called “global administrative law.”
Furthermore, I argue the global administrative law in climate change regime has developed three models—coordinative and cooperation model, legality control model, and market-oriented model. These models represent in different fields of climate change regime. Regulations regarding to adaptation, capacity building and technology transfer represents the coordinative model; the mitigation, compliance mechanism and financial mechanism represents the legality control model; the flexible mechanism represents the market oriented model. This dissertation further argues that, the development of global administrative law in climate change regime, cannot simply contribute to the global nature of climate change. The choice of framework, the strategy of institution, and the interest of parties, all function in the dynamics of international politics and formulate the face and content of climate change law.
Through the eyes of global administrative law, we may further examine the deficit of accountability of current regime, and shed lights for future development.
Subjects
Climate Change
UNFCCC
Kyoto Protocol
mitigation
adaptation
Global Administrative law
SDGs
Type
thesis
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