Long-term climate policy: international legal aspects of sector-based approaches

Abstract

The aim of this article is to discuss the international legal implications of a sector-based approach to long-term climate policy. Sector-based approaches have emerged as a possible way of engaging all the major emitters of greenhouse gases into the system. The article divides sectoral approaches into two main categories based on their legal relevance. Substantive sectoral models focus on ways of defining emission levels for global industry sectors. From the point of view of international law, substantive sectoral models could be integrated into the existing climate change regime if the Parties so agree. Procedural sectoral models focus on actors. Some procedural sectoral models envisage treaty regimes involving non-State actors, such as organizations representing global industry sectors undertaking to reduce emissions of greenhouse gases. The main focus of the article is on these models.