Developing countries are growing apart on environmental issues. International environ- mental negotiations are no longer characterized merely by the North–South conflict. Rising powers have come to... Show moreDeveloping countries are growing apart on environmental issues. International environ- mental negotiations are no longer characterized merely by the North–South conflict. Rising powers have come to divide the Global South and redefine the Common-But- Differentiated Responsibilities principle. This article explains the divergence of China and India at the Kigali Amendment to the Montreal Protocol, one of the first global envi- ronmental agreements to differentiate obligations between developing countries. China and India, the world’s two largest hydrofluorocarbon producers, ended decades of collaboration and split the rest of the developing world behind them. I argue that devel- opmental strategy and political institutions shape the preferences and influences of industrial, governmental, and social stakeholders, thereby explaining their negotiation behavior and outcome. This article explains why China moved faster and further than India on negotiations for hydrofluorocarbon regulation. It has important implications for the two rising powers’ implementation of the Kigali Amendment and for their posi- tion formulations on other environmental issues. Show less
According to the controversial China—Raw Materials and China—Rare Earths decisions, China is prohibited from using export duties to address any environmental problems, including those associated... Show moreAccording to the controversial China—Raw Materials and China—Rare Earths decisions, China is prohibited from using export duties to address any environmental problems, including those associated with climate change. This is unfortunate because a number of climate studies have suggested that export duties can be useful to tackle carbon leakage in China, being the largest emitter and exporter of carbon dioxide emissions.This thesis argues that there is a need to consider ‘greening’ the absolute ban on China’s export duties. It accordingly proposes that, export duties - solely restricting exports - should be prohibited outright, while ‘export duties plus’ – restricting both exports and domestic consumption - should be allowed in pursuit of environmental advantages. There are three most feasible ways to achieve this balanced outcome: (i) a waiver as a stopgap measure, (ii) a Ministerial Decision or Declaration as a more flexible alternative, and (iii) a legal interpretation for the Appellate Body to distinguish between export duties and ‘export duties plus’ as a judicial correction. With regard to the proposed judicial correction, even if the Appellate Body is no longer operational, it remains relevant for the purpose of injecting valuable flexibility into the WTO’s precedent system. Show less
As evidenced by Goal No. 14 of the UN's Sustainable Development Goals, the importance of oceans governance as a matter of global policy can hardly be overstated. The unsustainable uses of their... Show moreAs evidenced by Goal No. 14 of the UN's Sustainable Development Goals, the importance of oceans governance as a matter of global policy can hardly be overstated. The unsustainable uses of their resources could lead to serious consequences, not only for coastal communities, but remote landlocked countries as well. This special section aims to take the international community's clarion call for effective norms, institutions, and multi-stakeholder cooperation back to the oceans through three topical case studies. Each in its own way illustrates humanity's high stakes in blue growth, offering recommendations on how states and governments must craft coherent, effective, and actionable policies to make sustainable oceans governance a reality. Claire van der Geest's article opens the special section with a focus on the Indian Ocean and the need to redesign its fisheries governance. Hongzhou Zhang and Fengshi Wu subsequently investigate two of the most significant structural shifts of China's marine fisheries sector in the past decades, namely, going outward and focusing on high market value species. James Malcolm concludes the special section by switching attention to small island developing states, arguing that sustainable oceans governance for them represents not ‘only’ an environmental or economic concern, but indeed a matter of national security. Show less
