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Other Areas of International Law

Lee, in Chapter 5, then suggest that emissions targets would be adopted more widely if they were applied to individuals, as opposed to states. Chapter 6, by Ye Qi and Hui-min Li, demonstrates how China’s 11th Five Year Plan can be used as a successful starting point for low carbon policies amongst developing countries. In the seventh and final chapter, Wan Portia Hamzah explores ways to move forward in climate change negotiations and policies, using Malaysia as a case-study. Chung concludes the volume by calling for a more flexible, realistic, and current approach that focuses on bottom-up emissions reduction efforts by states. According to Chung, the approach needs more flexibility because different countries have different capabilities and national interests, and universal legally binding targets may not be the best way to deal with climate change in all countries. Any compromises that countries make need to reflect what they can actually do domestically; otherwise, the regime becomes pointless. Finally, Chung suggests that any future approach to climate change needs to reflect the current emission levels of developed and developing countries, which is significantly different than 1992 levels. Chung further recommends that the best way to move forward in the climate change talks is by adopting a bottom-up approach based on a Low Carbon Development Strategy (LCDS), which may entice developing countries to be a signatory to an agreement on the issue. The overall argument, however, is somewhat inconsistent when it comes to the legal structure of the post-2020 approach. While Victor argues in the first chapter that universal treaties with legally binding targets create a gap between abstract targets and what countries can really achieve and so ‘‘are a very bad way to get started on serious emissions controls’’ (p. 13), de Boer, in the next chapter, holds that such treaties are worth fighting for because they provide predictability, stability, and flexibility for civil society, businesses, and governments. While it is obvious that differing opinions as to the most appropriate approach to adopt in the post-2020 regime will arise, the idea of a top-down universal legally binding approach seems to deviate from the bottom-up approach emphasized in this volume. Chung attempts to cover this gap by arguing that the legal structure of the agreement will have little impact on the effectiveness of the regime. However, the fact that one of the main points of disagreement between developed and developing states revolves around the legal structure of the regime calls for a more in-depth investigation of this matter. Overall, this volume provides an interesting picture of what the post-2020 climate change regime could look like and should be read by all those involved in, or interested in the outcome of, the future rounds of negotiations.