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Author: Milan Dehnen

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The Role of Domestic Law in “Agreed Outcome with Legal Force” journal article

Birgit Lode, Milan Dehnen

Carbon & Climate Law Review, Volume 7 (2013), Issue 4, Page 252 - 259

Assessing the Indian Interpretation of a Possible Durban Platform Outcome

With the Warsaw conference just behind us, and less than two years left for the drafting of an agreement intended to follow in the footsteps of the Kyoto Protocol, this article addresses the question how such a successor might look like, i.e., which legal form it might actually take, adhering to the requirements set out in the decision the parties to the UNFCCC adopted in Durban in 2011, establishing the so called Durban Platform. It focuses on the Indian interpretation of the Durban Platform, submitted in the aftermath of the 17th Conference of the Parties in Durban, which understands the notion “agreed outcome with legal force” as one including domestic law. Building on an overview of the relation between national and international law under the international Climate Change Regime, different options are systematically being developed and the possibility of a concrete outcome building on domestic law will be presented and evaluated.

Passing and Implementing Domestic Climate Legislation under the 2015 Agreement journal article

Nathalie Boucquey, Birgit Lode, Milan Dehnen

Carbon & Climate Law Review, Volume 8 (2014), Issue 3, Page 156 - 166

In the context of the current negotiations of the Ad Hoc Durban Platform for a new global agreement on climate change, discussions are in progress concerning the legal form of this agreement. In particular, deliberations are underway regarding norms that would be legally binding internationally, and norms that would be legally binding domestically. An international obligation to pass and to implement domestic climate legislation would combine these two dimensions. This paper sees the basis for this idea in the no harm principle of international environmental law, stemming from the Rio Declaration on Environment and Development of 12 August 1992, and incorporated into the United Nations Framework Convention on Climate Change (UNFCCC). Similar concepts exist in other areas of international law, such as human rights, humanitarian law, and diplomatic relations, reflected by the notions of due diligence and of responsibility to protect. In addition to obligations of result, the possible added value of obligations of conduct to pass and implement domestic climate legislation for mitigation, adaptation and means of implementation is analysed. Concerning mitigation in particular, it is important to understand the specific features of such obligations compared to the obligations of result contained in the Kyoto Protocol.

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