Beyond Treaties: Rethinking Legal Mechanisms for International Climate Governance

Abstract

This open access book examines the implications of the shift towards minilateralism for international climate law, analysing how climate-related trade measures and Paris Agreement compatible platforms may enhance global climate governance. The landscape of international climate change law is evolving from a traditional consensus-based treaty model, characterized by comprehensive yet often slow-moving agreements, toward a more pragmatic approach known as minilateralism. In this emerging paradigm, smaller groups of countries negotiate and implement trade measures aimed at mitigating climate impacts. An exemplary case is the European Green Deal, which introduces climate-related trade measures as a key instrument for achieving sustainability goals within and beyond Europe. Additionally, countries are exploring minilateral cooperation platforms within the Paris Agreement framework to further their climate objectives. The central questions to be addressed in this book are twofold. First, how can the design of the minilateral schemes comply with the Paris Agreement’s international cooperation, common but differentiated responsibilities and respective capacities, and market-based mechanisms principles? Second, to what extent does the climate-related trade measures conform with the WTO regime, particularly with the non-discrimination principles of the trade law, namely most favoured nation and national treatment?