Hey, Ellen; Fourie, Andria Naudé --- "Participation in Climate Change Governance and its Implications for International Law" [2012] ELECD 746; in Rayfuse, Rosemary; Scott, V. Shirley (eds), "International Law in the Era of Climate Change" (Edward Elgar Publishing, 2012)

Book Title: International Law in the Era of Climate Change

Editor(s): Rayfuse, Rosemary; Scott, V. Shirley

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800303

Section: Chapter 11

Section Title: Participation in Climate Change Governance and its Implications for International Law

Author(s): Hey, Ellen; Fourie, Andria Naudé

Number of pages: 36

Extract:

11. Participation in climate change
governance and its implications for
international law
Ellen Hey and Andria Naudé Fourie*

INTRODUCTION
This chapter examines participation in climate change governance, both
participation in normative development ­ that is, law-making and standard
setting ­ and in normative decision-making in individual situations, such as
the approval of particular mitigation projects and compliance procedures.1
Climate change governance has to date been perceived as a multidimen-
sional system that defies received categorisations used in international law
and analytical tools used in political science. The chapter considers how
climate change governance and participation in that system of governance
can be conceptualised in legally relevant terms and reflects on the chal-
lenges this conceptualisation poses to international law more broadly.
The chapter focuses on mitigation,2 since it is here that climate change
governance poses the biggest challenge for international law in terms of
participation.3 Efforts to reduce emissions of greenhouse gases (GHGs)
involve complex cooperative and innovative arrangements among states,


* The authors thank Raveen Moenesar and Jamaal Mohuddy, student assistants,
for helping them collect the materials for this chapter.
1
The chapter does not consider the issues related to the Compliance Committee
established by the Kyoto Protocol since they are dealt with in Chapter 12 of this
volume.
2
This means that this chapter does not consider cooperative projects that seek,
e.g., to conserve forests or promote more sustainable land use with the object of
capturing GHG through so-called sinks.
3
N. Eddy, `Public ...