The 21st Conference of the Parties to the UN Framework Convention on Climate Change was held in Paris from Nov. 30 to Dec. 11 last year. The resulting Paris Climate Agreement has marked a milestone in international efforts to combat climate change, and are to be opened for signature in April.
This new climate agreement adopts the “bottom up” approach enshrined in the Copenhagen Accord in 2009. It requires nations to publicly outline what post-2020 climate actions they intend to take, known as their Nationally Determined Contributions (NDCs). With the submission of NDCs by 188 parties, the commitment to achieve specific national emissions reduction targets has become almost universal.
Taiwan voluntarily published its NDCs before the Paris talks. The government last year passed a Greenhouse Gas Reduction and Management Act (溫室氣體減量及管理法), which aims for a 50 percent greenhouse gas reduction by 2050 compared with 2005 levels.
As a non-member state, Taiwan was excluded from the Paris negotiations, but it would be of interest to discuss the legality of Taiwan’s national reduction commitment at an international level and other alternative participatory approaches.
However, are these NDCs legally binding? The answer is ambiguous. At least two possible arguments can be made to claim that the current NDCs are legally binding: One, they are authentic interpretations of the Paris Agreement, once ratified, would be legally binding, and two, the NDCs are binding unilateral acts of states under international law.
In the case concerning nuclear tests (New Zealand versus France, 1974), the International Court of Justice recognized that declarations made by way of unilateral acts, concerning legal or factual situations, might have the effect of creating legal obligations. So Taiwan could consider this second argument and bind itself by the initially voluntary statement.
Article 4 (16) of the Paris Agreement states that parties, including regional economic integration organizations and their member states, communicate with the secretariat of the agreement regarding their successive NDCs and the emission level allocated to each party within the relevant time period.
Based on this article, it is possible for Taiwan to join a regional economic integration organization’s mitigation goal first, and then the regional plan would be collectively integrated into the whole Paris Agreement.
APEC, for example, despite several joint crediting and measurement mechanisms for greenhouse gases that have been established, still does not have a common mitigation goal. Thus, Taiwan, as an APEC member, could propose an APEC mitigation framework at the upcoming energy ministerial meetings, and, certainly, there is no reason that the regional plan incorporating Taiwan’s mitigation target should be treated differently under the Paris Climate Agreement.
International environmental governance is changing. Most notable are the declining importance of the state and the rise of multi-actor governance networks. Ongoing policy discussions show that not only nation-states negotiate international treaties, but a plurality of lower-level “climate contracts” between private, non-profit sectors and municipal governments could provide flexible and tailored solutions to address global warming.
Ultimately, exclusion from the Paris Agreement meetings offers Taiwan insightful lessons and direction for future climate action.
Yang Chung-han is a doctoral candidate researching international environmental law at the University of Cambridge and a member of the Taipei Bar Association.
Taiwan is rapidly accelerating toward becoming a “super-aged society” — moving at one of the fastest rates globally — with the proportion of elderly people in the population sharply rising. While the demographic shift of “fewer births than deaths” is no longer an anomaly, the nation’s legal framework and social customs appear stuck in the last century. Without adjustments, incidents like last month’s viral kicking incident on the Taipei MRT involving a 73-year-old woman would continue to proliferate, sowing seeds of generational distrust and conflict. The Senior Citizens Welfare Act (老人福利法), originally enacted in 1980 and revised multiple times, positions older
The Chinese Nationalist Party (KMT) has its chairperson election tomorrow. Although the party has long positioned itself as “China friendly,” the election is overshadowed by “an overwhelming wave of Chinese intervention.” The six candidates vying for the chair are former Taipei mayor Hau Lung-bin (郝龍斌), former lawmaker Cheng Li-wen (鄭麗文), Legislator Luo Chih-chiang (羅智強), Sun Yat-sen School president Chang Ya-chung (張亞中), former National Assembly representative Tsai Chih-hong (蔡志弘) and former Changhua County comissioner Zhuo Bo-yuan (卓伯源). While Cheng and Hau are front-runners in different surveys, Hau has complained of an online defamation campaign against him coming from accounts with foreign IP addresses,
Taiwan’s business-friendly environment and science parks designed to foster technology industries are the key elements of the nation’s winning chip formula, inspiring the US and other countries to try to replicate it. Representatives from US business groups — such as the Greater Phoenix Economic Council, and the Arizona-Taiwan Trade and Investment Office — in July visited the Hsinchu Science Park (新竹科學園區), home to Taiwan Semiconductor Manufacturing Co’s (TSMC) headquarters and its first fab. They showed great interest in creating similar science parks, with aims to build an extensive semiconductor chain suitable for the US, with chip designing, packaging and manufacturing. The
When Taiwan High Speed Rail Corp (THSRC) announced the implementation of a new “quiet carriage” policy across all train cars on Sept. 22, I — a classroom teacher who frequently takes the high-speed rail — was filled with anticipation. The days of passengers videoconferencing as if there were no one else on the train, playing videos at full volume or speaking loudly without regard for others finally seemed numbered. However, this battle for silence was lost after less than one month. Faced with emotional guilt from infants and anxious parents, THSRC caved and retreated. However, official high-speed rail data have long
RSS