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International Economic Law, Globalization and Developing Countries

International Economic Law, Globalization and Developing Countries

Edited by Julio Faundez and Celine Tan

International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.

Chapter 17: The UN Climate Change Convention and Developing Countries: Towards Effective Implementation

Vicente Paolo B. Yu III

Subjects: development studies, development economics, law and development, economics and finance, development economics, international economics, law and economics, law - academic, human rights, intellectual property law, international economic law, trade law, law and development, law and economics, politics and public policy, human rights


Vicente Paolo B. Yu III* 1. INTRODUCTION There is currently one multilateral treaty that addresses climate change. This is the United Nations Framework Convention on Climate Change (hereafter UNFCCC). The structure of the UNFCCC is finely balanced. It recognises the development needs of developing countries, as well as the responsibilities and obligations that developed and developing countries1 have to implement in order to address such needs in the context of climate change. The negotiations in the Intergovernmental Negotiating Committee (INC)2 that eventually resulted in the UNFCCC took place in five sessions between February 1991 and May 1992, in which more than 150 States participated. The UNFCCC was adopted and opened for signature in May 1992 and entered into force on 21 March 1994.3 * AB, LLB, LLM; Programme Coordinator, Global Governance for Development Programme South Centre 1 For the purposes of this chapter, the phrase ‘developed countries’ refers to States Parties listed in Annex I of the UNFCCC and may be used interchangeably with the phrase ‘Annex I Parties’. The phrase ‘developing countries’ refers to those States Parties not so listed in Annex I of the UNFCCC and may be used interchangeably with ‘non-Annex I Parties’. 2 The mandate for the INC was established by the United Nations General Assembly pursuant to Resolution No 45/212, 21 December 1990, Protection of Global Climate for Present and Future Generations of Mankind, (UNGA, 1990). 3 Aware that the UNFCCC’s provisions may not in themselves be sufficient to tackle climate change, UNFCCC Parties in...

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